Loading...
HomeMy WebLinkAbout2001-03-05 TranscriptionMarch 5, 2001 Page 1 ITEM NO. 2. SPECIAL PRESENTATION: OUTSTANDING STUDENT CITIZENSHIP AWARDS- Regina Elementary Lehman: If those students would come forward please. Let me get in the middle here. There, it makes me feel lonesome when I am on the end. This is a really very special time in our Cotmcil meeting. We all appreciate this probably more than what is going to happen for the rest of the evening. But this is a very special time and we are very proud of you folks. I would like you to give your name and why you were nominated. Reynolds: My name is Nina Reynolds. I am 12 years old and in the sixth grade. I am the kind of person that needs to do whatever they do perfectly. I am not easily satisfied with what I do. I want to feel like I do my best every time. Maybe that is why my whole entire life has only consisted of two things- piano and dance. I started piano when I was six years old. I have been in six piano competitions since then. I have come in first place four times in all those competitions and in the other two I got honorable mention. I was also chosen to play with an orchestra and play a five-way piece with four other girls. There were five pianos and we all played different parts. I enjoy the piano a lot and I think 1 will always keep playing it even if ballet remains the main thing in my life. Ever since I was two my favorite thing in life has been dance. My whole life has been eat, sleep, dance. When I was seven I won the Nancy Gilligan award which is an award given to the hardest working dancer while in rehearsals for a production of Sleeping Beauty that I was in. I have been in eight full-length ballets including Cinderella, Sleeping Beauty, A Christmas Carol, Swan Lake, CapeIlia, and three productions of the Nutcracker. I have also danced in many recitals and short shows. My whole life revolves around dance. At the moment I dance five days a weeks in Rock Island, which is an hour away from Iowa City. I dance at least 15 hours a week including four hours of regular class, four hours of Pointe class, and two hours of either Pilate's, a strengthening class, or modern. Every day after school I go home for a half an hour to get a snack and get ready. At 3:30 1 am on my way to dance to make sure I am there by 4:30. I do all my homework in the car and eat my supper in the car. If I have a report to type I bring my dad's laptop with me so I can do it on the way. I know that my career will have something to do with the performing arts. My dream is to join a company that specializes in acting, singing and dancing. I do well in school too. I get all A's on my report cards and on my last ITBS tests I got a 12.3 average. I am also part of an accelerated math group that does a whole different math level than the other sixth graders. I have not achieved a lot in my life but I know that what I have achieved was done well. In my eyes, I have achieved a lot by doing what I do the best that I can do it. And I thank God for helping me fulfill my dreams. I know that I couldn't have done it without him. This represents only a reasonably accurate transcription of the lowa City Council meeting of March 5, 2001. March 5, 2001 Page 2 Lehman: That made me tired. Jensen: My name is Courtney Jensen. I am a sixth grader at Regina Elementary. People say I am very responsible and trustworthy. I think one reason I have become that way is because I am the oldest of 3 children and I am put in charge a lot. I have two younger brothers, BJ seven years old and Tyler six years old. Of course they can always drive me crazy but I like looking out for them and helping them leam. I actually taught BJ how to read before he started kindergarten by playing school with him. Usually I am teaching them things like how to do their hair like the cool guys or how to put Valentines together. I baby-sit a lot for my brothers, cousins and other families. I learned a lot through the Safe Sitters class at Mercy Hospital last summer so I feel confident taking care of kids of all ages. I offered to watch my five-month-old cousin Ally almost every night for a week in December so her parents could study for their final exams at the University of Iowa. It made me feel great that they would trust me with Ally and also that I could help make their lives a little (can't hear). I like to help people. In the classroom I help my teacher whenever I can. Sometimes I help decorate, correct tests and worksheets, and write on the assignment board. I have been in charge of the birthday board at Regina Elementary with two other sixth graders this year. We coordinated getting the supplies and birth dates for all the elementary students with Mrs. (can't hear). Then we made the year's decorations. We are responsible for changing the board every month. I would say I am a good student. My grades are good and I like school. I am proud of Regina and glad I can go to school here. I have been able to get to a lot more Regina athletic events this past year. It has been fun to be around the athletes, the fans, and my friends. Softball has been my main sport. I am just starting with the Regina ISA softball team this season and I like being part of the team. I have a lot of friends. I remember feeling left out when I was younger so I always try hard to include people. One thing I try really hard to do is be a trustworthy friend. I try hard not to talk about people behind their backs. If I am in a group where someone says something negative about someone who isn't there I try to stick up for the other person. I hope if someone sees me do that they will stick up for me sometime if I am not there. Or at least they will know that I can be trusted to stick up for them. We learn a lot at Regina about being good people and part of the community. I try to be a good person at home, at school, and in the community. Iben: Hi, my name is Alex Iben. I am a sixth grader at Regina Elementary and very active in being a citizen both to my school and to my family and friends. At school- at school I am the president of the Student Council. I take care of anything the other officers or representatives can't do, or just my regular duties. I clean the chalkboard the times that Heather, the assistant to the advisor, can't. I wash the school windows and dust the windowsills along with some help. I try to help the librarian, Mrs. (can't This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 3 hear), as much as I can. I like to organize the books on the shelf and dust the shelves as well. When I get here early in the morning then I go down to the library and check in the books as well as put the chairs out. I (can't hear) such as the (can't hear) and band concerts. I give postal reviews for the third grade teachers which means I interview the third graders for the (can't hear) Postal Service. I give them my comments and suggestions. At home I am the oldest of the four children. My ten year old brother Niko is in fifth grade. Christian is two years old and my mom is pregnant with my third sibling. I like to help baby-sit Christian and clean up the house. Sometimes when we are at home for a snow day Niko and I shovel the driveway and then scrap off the ice. In the summer I help make lemonade for my brother and dad when they are done mowing the lawn. Throughout the year though I keep up my weekly chores, which consist of vacuuming the carpet, sweeping and mopping the tile, and cleaning up my room. When I lived at my old house that was near 23rd Avenue by the Coral Ridge Mall I went with my parents to a City Council meeting to close 23ra Avenue's access to the mall. The reason I did this was because there was a neighborhood around 23rd Avenue and they didn't need to have it open. They finally made it to a one lane. Also on a unknown Saturday I- Sunday- my family and I went to a church. When we got back we found a ticket on our car. We were parked in a parking place and you don't need to put money in the meter on Sunday. When we got back to the house I wrote a letter to the City of Iowa City and told them that we were very mad at them and that we didn't need to pay because it was Sunday. They didn't make my family pay for the misunderstanding. At my friend's house I help her baby-sit her two youngest siblings. That pretty much sums up what I do for being a good citizen. Lehman: We have plaques for each of you. They read, (reads award). This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 4 ITEM NO. 3. MAYOR'S PROCLAMATIONS a. American Red Cross Month- March Lehman: (Reads proclamation). Karr: Here to accept is Dr. Kim Johnson, member of the Grant Wood Chapter Board. Johnson: As a member of the board and a resident of Iowa City I really thank the City Council and the Mayor for this proclamation to recognize the important work that the American Red Cross does do. Thank you. Lehman: Thank you. b. Athletic Training Month- March Lehman: (Reads proclamation). Karr: Here to accept is Ed Crowley, Director of Athletic Training Services at the University of Iowa. Crowley: Mayor Lehman and members of the Council, there are roughly 240 certified athletic trainers in the state of Iowa and 22 certified athletic trainers here in the Iowa City. And I would like to on their behalf accept this- proudly accept this proclamation for my colleagues and for all the members of the National Athletics Trainer's Association. Thank you very much. Lehman: Thank you. c. Mental Retardation Awareness Month Lehman: (Reads proclamation). Karr: Here to accept is Lori Bears, Board Member and Secretary of ARC. Bears: As a member of the board of the ARC of johnson County we would all like to say thank you. And we would also like you to come and visit our office, which is at Eastdale Mall. Thank you. Lehman: Thank you. This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 5 ITEM NO. 4. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. Vanderhoef: Move adoption. O'Donnell: Second. Lehman: Moved by Vanderhoef, seconded by O'Donnell. Discussion? I would like to point out that- some public hearings that are setting. One is a public .hearing for the plans and specifications for the contract for the Mormon Trek Blvd improvement from Melrose Avenue to the Iowa Interstate Railroad Bridge along Finkbine Golf Course. Another one is for the plans and specifications for the South Sycamore Regional Stormwater Project which is a really- it is a big event, it is the first of that sort of thing in Iowa City. Other discussion? Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 6 ITEM NO. 5. PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA). [UNTIL 8PM]. Lehman: This is a time reserved on the agenda for the public to address the Council on items that do not otherwise appear on the agenda. If you wish to address the Council please sign in, give your name and address, and limit your comments to five minutes. Sanders: Thank you. My name is Gary Sanders. I know you have a long meeting ahead of you tonight. I would like to briefly discuss the city's lost opportunity in the Lenoch and Cilek building and hope that we think carefully about future opportunities downtown. In order to build the addition on the library which I fully supported the city purchased for over $1 million the Lenoch and Cilek building and became the owner and landlord of five small businesses on March 1. The city offered these five businesses five months rental at 10% less rent than they were paying for the period until July 31 when the building had to be vacated. The city claimed that the 10% reduction was "fair market value rent". But fair market value is a text book economic theory that is not based necessarily on the reality of renting a retail non-alcoholic serving space in downtown Iowa City for five months at the present time. Freshens Yogurt where I sublet a space for a used book store for several months is 900 square feet and the rent the city asked was $1500 a month plus utilities. Now, that might seem like a "fair market value" since it was $1650 previously but is it based in reality? Especially considering that the leases for the current owner were up on February 21- February 28, I am sorry. My question is why didn't the city meet with the business owners, one of whom is here tonight, Marian Karrar of Freshens Yogurt? Why didn't the city ever meet with the business owners to discuss fair terms? Who would have been hurt by drastically reducing the rent? Other businesses in the building? No, I think they would have all been happy to see other people in that building. Most of them are going to be gone. Two of them have already vacated and the third one is going to be vacating in a matter of- as soon as the new equipment comes in. The one in the basement will be leaving in May. And we are going to have one Chinese Restaurant in there. Would they have been upset? I don't think so if each business had been dealt with individually. They want other people there. Would other businesses downtown have been upset that somebody got a "good deal"? A better deal? I don't think so. I think all you would have to do is ask the other downtown business owners. They want people down there. Would realtors have been upset that somehow the city was undercutting "fair market value"? I don't think so. Not for a five month limited rental. Nobody is going to go out there and rent anything at top dollar for five months in a building that is going to be knocked down. Would the taxpayers have been cheated? I don't think so. They would be getting some money. As of now they are not going to probably get anything from This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 7 most ofthose spaces. The building will be almost empty. Itisnowa desolate comer. I think that is very sad. Thousands of people will be down there in the summer months- Friday night concerts, arts fair, Jazz Fest- and see this emptiness as a symptom of downtown. Also visitors to downtown staying at the Sheraton wandering through downtown will see this as a symptom. This didn't have to be. If the city staff, again, had met with businesses and talked over the situation the city could have avoided this empty space and it could have avoided the taxpayers getting stuck like this. The taxpayers and the city would have received some money. There is not only a financial value to having something in there but there I believe is an intrinsic value. I think that the intrinsic value of these businesses being occupied for the next five months was a concept that alluded the people in the three city departments that I spoke to. And I am sorry about that. Well, that opportunity is lost. Now what? I suggest that we find some tenants for those spaces in the Lenoch and Cilek building, especially the ones that are facing outside- Mind Matters, Freshens Yogurt, and Subway. Non-profits, small businesses- I would volunteer to help find them. I know they are out there. I would even suggest chopping the rent not by 10% but to 10%. Anything of the existing rent or even free for a non-profit. Anything to keep this comer from being empty like this for the next five months. What we need here is imagination. Even my temporary little used bookstore drew 35 people downtown for a reading on a cold Sunday afternoon in February. There are possibilities. Let's use our imagination for the future of downtown. Let's turn this lost opportunity into a success. I know that we can. And I hope this situation causes people to think. Let's not just use textbook models or concepts such as "fair market value". Let's look at reality. Let's look at lot 64-1a and not put an apartment building on it just because today it seems like the best use. The reality of that lot is that today the best use is a parking lot used by hundreds of cars each day. When we get an offer of something truly unique then we can build on it. While the Lenoch and Cilek building- unlike the Lenoch and Cilek building, if we make a mistake on 64-1a it will be with us forever, not just five months. Thank you. Karmer: Let me ask Steven perhaps or Eleanor- are there any legal or other types of constrictions from staff s point of view of doing some of these things that Gary is talking about on a short term basis? Going to drastically low rent? Dilkes: No. Kanner: Is this something the Council might want to look at at a work session to see if there is some way to fill up this comer here that is going to be right in the heart of the Ped Mall? Pfab: I think it, to me, like you said (can't hear) get something in there. This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 8 O'Donnell: It is not a problem. Pfab: When you are coming out of the hotel it is not a very good welcome to Iowa City. Wilburn: I think just in general just to come up with a plan for the space would be a good thing to do. Lehman: I just have a comment. I don't- Gary, do you know that the people who moved out moved out because of the rent? Do you know that? Sanders: Well, we could have Marian answer that question very shortly. But certainly Mind Matters did. They were very upset by the whole situation. I don't want to speak for the others. Lenoch and Cilek was going to be closing anyway because they owned the building. Subway, if you had given them a lower price I don't know- maybe they wouldn't be doing what they are doing on Washington Street. Lehman: Didn't they start that some time ago? Sanders: I am not sure, that is why I am not- I don't want to be in the position of speaking for any others. Lehman: I don't know- I am not sure that the rent was the total factor there. Sanders: I will simply say that two thirds of the empty spaces- 2 of the 3- were due to rental. And maybe Marian could answer any more questions. Karrar: Marian Karrar, I live at 326 Red Fox Road Southeast Cedar Rapids. I purchased this from the former owner who opened Freshens Premium Yogurt and Ice Cream at 130 S. Dubuque 13 years ago. She was needing to move on and I felt with my positive thoughts I could turn the business around, which may have been Pollyanna. But, anyway- October 28, 1998 was when I purchased it. Not being an Iowa City citizen I did not know about the Pedestrian Mall. A barricade fence was put up around my store March 1, 1999 and it stayed there until 12:00 September 25, 1999. At 1:00 we had $1000 day because of the dedication of the fountain. Then the hotel as you know was bought by investors who decided to give it another name and also remodel every room. So the evening and weekend business I had in the winter of '98 and '99 was strong because of the players and their families- every relative comes if they have a kid on any team, girl and boy. But the winter of '99 and 2000 1 didn't have anybody from the hotel stay over night like in the groupies they had the year before. And then for the regional wrestling that was some time at the last of April or the first of May then I got all the families and all the teams again. That was good for business. Also while the Pedestrian Mall was being This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 9 constructed the playground was down for 6 to 8 weeks and that eliminated a lot of children and a lot of families. And of course this year was a poor winter but I had decided to close December and January anyway and fortunately it was a good move because of the ice and snow the winter profits are- well, anybody knows downtown they are bad for an ice cream store. My corporation out of Atlanta, Georgia who was formed 13 years ago are keeping buying stores up all over the country- theirs was active yogurt culture which is unheard of. Most frozen yogurt is sold with- it could be as little as a tablespoon of yogurt in a gallon of frozen yogurt. It doesn't have any requirements by the FDA. So our product was an excellent product. We would have liked to have continued. And I asked the city after my corporation suggested that I offer the city 10 cents on the dollar of net profit on a month to month basis. For instance, the net profit of February would be based on the ten percent. Because they as a corporation also know that nobody would come in there for five months and pay the extreme rent with any reason. It just isn't possible. And I just wanted to share this with you because the China Star will be left there alone and they are Chinese speaking people. Their three children do very well in school and they support them. But I hope you help them because they are scared to death when they moved. That is why they are staying until July 31st. And I hope there comes some support from the community or the City Council. Thank you. Kanner: So we have a suggestion for a work session item about the building and seeing if we can find some creative uses for that. Lehman: I would certainly entertain us using that comer which is very visible for Arts Fest- I mean, non-profit groups. It certainly is better than it sitting empty. We can put that on a work session for- Pfab: Next work session? Wilbum: I think it might be- to get us started it might be a good idea to have staff bounce around some ideas too. Lehman: That is fine. Wilbum: (Can't hear). I am sorry, go ahead Eleanor. Dilkes: Can I just speak briefly to the comments that have been made? Lehman: Yeah. Dilkes: Just to give a little background. We- as you know- the expiration of the leases coincided with the closing date on the purchase of the building. What the intent was was to allow the tenants that were there to stay for the This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 10 additional period of time until the city needed possession of the building at their current lease rate. It was less a question of what we thought was fair market value and morn of a question of we weren't in the rental business but simply we are looking at it as a way to let the existing tenants stay under the terms of their existing leases for a longer period of time. We had been in contact with all of these tenants for several months, even before you gave Steve the authority to negotiate the leases. Certainly the City Council can choose to do anything it wishes to do with these spaces but I think at the point in time when some of the tenants had asked for a drastic reduction in their lease rates we already had existing continuation of leases with some of the tenants in that building. From our perspective as a staff that became a fairness issue. Again, you all can do whatever you want with these spaces but I think that direction has to come from the City Council. Another thing that I think you need to keep in mind is there are expenses associated with continuing the leases. The cleaning of the common areas, a management expense- those kinds of things. Lehman: Thank you Eleanor. Atkins: I also want to remind the Council if you do choose to have a work session the Library Board should be there. They have a critical decision making (can't hear). Lehman: What is their interest in the Lenoch and Cilek building? Atkins: Well, basically the library project. We are going to be booking the income from these leases to the library project. So, in effect, it will be income for them. And I think they should have a say. Lehman: The income from that property goes to the library project? Atkins: The Library Board as you know have an independent nature. Lehman: I am well aware of that but we bought the building. Atkins: The $18.4 million bought the building. The public bought the building. Lehman: So the income then goes to the Library Board? Atkins: Yes. Lehman: Okay. Atkins: And I think that they should have a say. Lehman: Absolutely. This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 11 Karrar: May I say something? Lehman: Yes. Karrar: Two and a half years ago when I bought the business David Schoon was there right away and was very supportive. Steven Kanner has been in there off and on just as a client but nobody came in to see me or assess me or ask me questions. And I think you had better do that for China Star because they need your help. Lehman: Thank you. Kanner: Are we having a work session next time? Lehman: Well, I think we should schedule for a future work session but I do think Steve that probably we need to visit with the library and the Library Board so that we have- Atkins: See what they have to say? Lehman: Yeah, I think that is- Karmer: Well, I think the question is if we are going to determine to lower the prices drastically. That is the main issue. I think we can do a work session to get our point of view and have perhaps just a staff person from the library- Susan Craig- represent her position. And we don't have to make a decision but I think time is of the essence of a sort and we can have the discussion at the next work session. Lehman: I agree with you Steven but if the Library Board is the recipient of the income they may also be the ones that set the price for the leases and not Kanner: I am saying that that is only one possibility of what we might talk about- is lowering the leases. Lehman: I am not sure we can do that. I think that is the Library Board's choice. If the building was purchased with Library Board funds, which it was, and these are the funds that will be coming from the bond issue it is probably their call. So they definitely need to be involved. Kanner: As far as allowing anyone in there? Lehman: I don't think it is a problem. But I do think they need to be involved. This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 12 Vanderhoef: (Can't hear). Pfab: Maybe it is their problem or opportunity by themselves? Lehman: Steve, discuss it with Susan and get back to us. Atkins: Okay. Will do. Brown: I am Mark Brown and I have been going to the mall and I don't want all seven of you (can't hear). And what I mean by that is I don't have a car. I go out to Coralville Mall. We know what (can't hear) with Old Capitol Mall. (Can't hear) some variety. What can you tell me about consumers? Consumers are when people go buy stuff and I want to be very independent on my own but when (can't hear) seeing what I need I had to go to Coralville and I don't know why you don't think about a consumer because for somebody who is what I am, a- can't get around good and you are taking away (can't hear) that people can go to Coralville Mall. But (can't hear) handy to (can't hear) in Iowa City. And I don't want to tell you about (can't hear) we are a consumer and if you want us to keep shopping downtown please do not take away our Major (can't hear). What normal people can use (can't hear) I don't (can't hear) I want to be independent. And it got to the point where I have been acting my mom and dad to drive me. But I don't want (can't hear) before because we need a variety of stuff for a general public because I can't- it takes me a while to do what another person can do. Do you see what I mean? Kanner: Mark, do you live downtown? Brown: Downtown (can't hear) very difficult. I don't understand why it is taking so long but I (can't hear) Capitol (can't hear) apartment and (can't hear) Tower. Many people count on Iowa City. They count on- and you are driving a wedge between (can't hear). And I think it is sad that money is going to Coralville rather than Iowa City. And I want you (can't hear) how we can get a variety of shops in Iowa City. They don't need to be (can't hear). (Can't hear) variety. Lehman: Mark, I think we have concern about how long it is taking to get people downtown. But the owners of the Old Capitol center have indicated I think about two or three weeks ago that they have five new tenants that are supposed to be open sometime in the next 60 days. So maybe things are starting to happen. Thank you very much. Brown: Okay. Thank you. Sigafoose: Good evening, my name is Jay Sigafoose. I am an attorney here in Iowa City. I would like to speak to you briefly tonight on behalf of my client This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 13 Marty Gaffey. It is my understanding that on March 19th of this month you will meet for a development code review wherein you will look at certain parts of the planning and zoning code of the city. And I would like to urge you on behalf of my client tonight to take a close look at the neighborhood commercial one zone. And in particular I would ask the Council to consider changing the way the code places a limit upon office space in the NC-1 zone. As I understand it now there is a limit on total office space in the zone and it is kind of a first come, first serve basis. So if I build my big building first I can kind of scoop up the office space before the next guy. And I would like to explain the problem that my client faces to hopefully illustrate the problem that other individuals may face. Marty constructed a building last year near the intersection of Court Street and Scott Boulevard. The second story is residential apartments and the bottom is mixed. About 2000 square feet of retail space and about 2000 square feet of office space. He has an opportunity to build a similar building in the same area. After talking with the city planning and zoning office he was told that due to the ordinance he is limited to 800 square feet of office space in the second building. What this effectively does is take away his flexibility when he goes to look for new tenants. Instead of being able to offer office space he has to look for retail tenants. As that flexibility goes down his risk goes up. And once the risk gets so high he can not build that building. In this particular situation limited to 800 square feet in a building that would be similar to the one that he already has it is not economically feasible in his opinion to construct that new building. If the limit on office space is raised or eliminated so that when he goes to look for tenants he can look for both commercial retail tenants or commercial office space tenants, his risk will go down and he will be able to construct that building. It is kind of like being a vendor at the Hawkeye games. You have a better chance of making money if you are selling that a lot of people like. So what happens here is the negative impact is obvious for Marry. But I think there is a bigger negative impact that it would be appropriate for this Council to consider. First of all, if it is affecting Marty it is probably affecting a lot of other people. It is kind of like sitting in a small class and having a question you are afraid to raise your hand and ask it. Chances are there are four or five other people in that same class and they have the same question. If this problem affects a large number of developers it is preventing those developers from constructing buildings that can house services that the community needs or wants. It reduces the flexibility. There is an arbitrary limit on office space. An arbitrary limit. That number of square feet though can not react to what the neighborhood or the community needs in that particular area. So the neighborhood and the community is denied a service, an office space- maybe a dentist, maybe a doctor, maybe a lawyer- is denied a service which they need. The city is denied additional tax base because the building does not get built. So again I would urge you to look at this issue at your March 19 meeting and move quickly to amend your This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 14 ordinance to change that limitation rule to increase the limit or completely do away with it so there is some flexibility in the system that will allow Marry and other developers to react to the community and benefit the community. Thank you. Lehman: Thank you Jay. Kanner: Jay, just to let you know, we talked a little bit about the code earlier today and it is going to be a long process. I don't know if decisions are going to be made that quickly. It could be a one to two year or longer process. Sigafoose: Obviously that won't help my client out and again I would just like to urge you to move as quickly as- Karmer: Can you go to the microphone? Sigafoose: Obviously that probably won't help my particular client out. as an attorney I always want to try to benefit the person that is paying my bills and I would urge you, if you could, to move quickly on that issue. Whatever your time frame is though I believe the problem is one that affects a variety of developers- a large number of folks. And I would urge you to address that issue. Lehman: Jay, have you sent any communication to the planning department or the Council on this? Sigafoose: My client has drafted a letter, which was sent to the planning department. Lehman: Okay. The reason I say that is in the normal course of events looking at this total thing is going to take a long, long time. However, we have looked at things like this on a far shorter time frame and I am sure the Council would be willing to at least consider that. Sigafoose: Thank you. I will encourage my client. Pfab: Jay, let me ask you this. If you could get some magic dust sprinkled on you what would happen to you and your client? Sigafoose: Some what? Pfab: Some magic dust. Sigafoose: Magic dust? Pfab: Yeah. This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 15 Sigafoose: Well, I think if the magic fairy was in my office it would be great if she sprinkled about 3000 square feet of commercial space. As I said, the ordinance as it is written now- as I understand it- looks at the zone and says there is a certain limit of commemial space or office space available in this zone. And then when my client proposes a new building the city planners looked at what was available and if there is only 800 feet available he is out of business. Pfab: I am wondering if we could ask Karin to come and explain what this- Lehman: Irvin, we are going to take this up on the 19th. Pfab: Okay. Lehman: And that is the time we will look at it. But we will look forward to receiving a communication from you. Sigafoose: Very good. Thank you. Lehman: Thank you. Ostrognai: Hi, I am Nancy Ostrognai and I sent a letter to you asking for a sponsorship of(can't hear) transportation conference. And I figured as long as I was here, if you had any questions? Lehman: Any questions? Vanderhoef: I would just say that I read your flyer today and it is a very aggressive program and I think it should be at the conference. Ostrognai: I hope all of you can attend. Vanderhoef: I am planning to. Kanner: Just to let you know, I am involved with the planning of that. Just so people are aware. (Changed tapes). Beldon: Marilyn Beldon, 922 E. Jefferson Street. I was going to come and talk about Hickory Hill and say that I appreciated the work that I have done with the city about Hickory Hill. And we have worked very well with Terry Trueblood and the accessibility issues have been very positive. I think you will be talking about it with the budget tonight. I wanted to give you some strokes. And also I would like to say in addition that at the (can't hear) Federal Highway Administration is going to be coming and she talks about curb cuts- she has had a lot of expertise in a lot of those areas. And those areas are things that also deal with accessibility. She This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 16 will be here and she will be ours. She is paid for through grants. And so I want you to keep that in mind. She is one of our keynote speakers. And so we would like to (can't hear) with the city, how you can see the advantage of our grant money. She is (can't hear) kind of expertise (can't hear). And we feel quite proud of the people that we have gotten. We will have names out to you later and I know this is a little premature but as Nancy said, since we are here. I would appreciate working with the city in that regard. Thanks. Lehman: Thank you. Vanderhoef: Thank you Marilyn. Kanner: Marilyn, just in regards to Hickory Hill, I applaud your group Johnson County Coalition for Persons with Disabilities and Friends of Hickory Hill along with the Parks and Rec Commission and staff for working together. I think it is a real strong collaboration that has real positive results. Beldon: We would like to work towards (can't hear) collaborative and it is one of the things (can't hear) reach out to people (can't hear) because we want to work with everybody involved. Thank you. Major: My name is Charles Major, I live at 7 Blue Stem Court. I just wanted to urge you to take no action on- just let the Police Citizens Review Board go away. It doesn't do anything. It could save about $80,000. I think, uh, maybe I am 6 months premature but take no action and let this board go. Thank you. Lehman: Thank you. Kanner: Is that $80,000 an accurate figure? Lehman: It is pretty close. Atkins: I think it is a little high. Lehman: It has been that high anyway. Kanner: That is a part time staff person who takes complaints and city attorney time? Atkins: City attorney time- we have a contract for an attorney, a part time staff person, a stenographer, and some basic wages of other folks involved. I think $80,000 is just a tad bit high. Lehman: That is something that we need to put before too long on a work agenda. This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 17 Atkins: (Can't hear). Lehman: But I think we need to discuss it before that perhaps before sumn~er when things get pretty hectic. Atkins: I would encourage you to do so. Remember your PCRB did ask you specifically to have a sit down and decide what direction you were going to go with that. Lehman: Right. Okay. Well, I think probably within the next month to six weeks. Atkins: Okay, looks good. Lehman: Okay. Any other public discussion? Berkowitz: Holly Berkowitz, 612 Granada Court. I come with a request- a comment that we have a choice. Lehman: Can you speak up a little? Berkowitz: We have a choice to pave it all, to get away from it all, or to create livable neighborhoods. Sometimes they are used over years- livable quality. But I frankly cannot bear to be in certain parts of town. I spend probably a quarter of my life in the car and a lot of that is just sitting in traffic. And I am tired of it. I have better things to do and I want some help. Those things- the roads and the intersections are public facilities and government has the responsibility to help take the cork out of the bottleneck you might say and to make the system flow better. We like to think that that system is just the buildings and the blocks that we put down and make a city. It is not. It is the flows that go through them. And it is too easy for us to build the blocks and then just sit there and sit in our little blocks and think we are going to be happy. But life needs flows. Life needs the flows to keep going. We can't just put up obstructions and hope that it is going to make money and that is going to cause happiness. It doesn't look that way. Government has a responsibility to make things flow. And in Iowa City and Coralville and Johnson County we have to work together to get the whole system working again. And the main part of that- the main (can't hear) to that is an efficient transportation system that looks at something besides the automobile. Thank you for putting the increase in the budget for the transit. We can do other things. Can you come up with a committee or something to look at this? Who should I go to? Who should we all go to to try to improve the ability to get around? This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 18 Lehman: You know Holly that is a good question. The use of mass transit around the country seems to be declining rather than increasing. And I wish we knew those answers too. Berkowitz: Well, you know, part of it is cultural. I find myself in this trap where I want to get somewhere fast and so I get in my car and I expect to go to the front door and I expect to get out and walk just a few steps and do my errand and get in the car again and go home. I do that a lot and I am sorry, I shouldn't admit it here. Champion: We all do. Lehman: We all do. Berkowitz: Can we do something? Can we like you say Steve, be a leader in this and come up with something innovative? I mean, that is what it is going to take. Vanderhoef: Perhaps going to the new- to the Transportation Seminar will give you an opportunity to sit in on some of the (can't hear) sessions and workshops and brainstorm. Berkowitz: And consider this when you are thinking about the parking garage too I think Steven had a good point about that in the paper this morning and perhaps there is a lot of different kinds of options which could make transportation- car pool, car pool lists where the schools- Lehman: Thanks Holly. This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. Mamh 5,200l Page 19 ITEM NO. 6d. CONSIDER A RESOLUTION APPROVING A FINAL PLAT OF WESTCOTT HEIGHTS PART THREE-A, A 78.96 ACRE~ 47-LOT RESIDENTIAL SUBDIVISION LOCATED IN JOHNSON COUNTY ON THE WEST SIDE OF PRAIRIE DU CHIEN ROAD, SOUTH OF NEWPORT ROAD. (SUB00-00027). Lehman: This is in the county. Champion: Move approval. O'Donnell: Second. Lehman: Moved by Champion, seconded by O'Donnell. Discussion? Kanner: I am going to be voting against this as I voted in the negative the previous times that we voted on this because I think there are other appropriate areas that the county has designated for residential and we don't need to add to the residential and perhaps sprawling effect that this would create. Lehman: I don't know that if it meets the qualifications of the Fringe Area Agreement that we have any choice except to approve it. It has been approved by staff on the 21st. Other discussion? Vanderhoef: I will just comment that this is not an area that we can sewer or water it and so it becomes in that Fringe Area Agreement part A that is designated for residential and is controlled by county zoning. Lehman: Roll call. Motion carries 6- I, Kanner voting no. This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 2o ITEM NO. 8. PLANS~ SPECIFICATIONS~ FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE CAPTAIN IRISH PARKWAY EXTENSION (PHASE II) AND FIRST AVENUE EXTENSION PROJECTs ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. a. Public Hearing Lehman: The public hearing is opened. Berkowitz: Hi, what was the exact word- Holly Berkowitz again. What was the wording on the ballot measure that we passed in November? Lehman: I can't give the exact wording but the wording was shall the First Avenue project be removed from the Capital Improvements program. Berkowitz: Correct. Lehman: Right. Berkowitz: And I have talked with quite a few people since that time because the construction crews were out probably a week or two after the vote getting ready to put First Avenue in- the extension in. And I said, "what is going on here?" And they said, "weI1, we voted to put it in." And I said, "no, the vote was to remove it from the long tenn plan." Is that correct? Lehman: The vote was to leave it in the plan. Berkowitz: That is right. Lehman: Right. Berkowitz: And what does the plan say about the terminology about the time frame of putting in First Avenue? Lehman: The Council has decided that the construction- the grading and paving of that project will take place during this construction season and next. Starting this- Kanner: It was (can't hear) recent session that the Majority of Council voted to change the time frame and to move it up from what was previous. Berkowitz: Why? This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 21 Vanderhoef: It was just moved up a couple of months because of the construction season rather than waiting until after July 1 in the next fiscal year. We moved it back so that the contractor could start at the start of the construction season. It is just acouple of months. Lehman: Probably a matter of cost because it is cheaper to do it in a longer season. Berkowitz: That is what I am here for is to talk about the cost because I think that you are counting the costs of the cash flow from the taxpayer pocket into a contractor' s pocket right? Lehman: Actually all we are trying to do is build a road at the least expense to the taxpayer. Berkowitz: But you have other costs that are lurking that are waiting to surface if you build the road. For instance, probable accidents on the intersection of Rochester and First Avenue that go down the hill because that is not an access road. That is not built as a thoroughfare. O'Dormell: This road is not going to be opened Holly. We build them simultaneously with Captain Irish Parkway. It is still the Council's intention though we may do First Avenue first that it is not going to be opened. Vanderhoef: The voters voted to go forward with the plan. So all we are doing is moving up the plan by a couple of months. But the voters told us to get this built. Berkowitz: My question- I still stand firm that it is not an access thoroughfare. That you cannot open it up ever as a thoroughfare. That you must rely on First Avenue- on Scott Avenue to take the traffic and to block this or make a park out of it. I don't know- if you want to put the concrete- if you want to put the paving down fine but that seems really silly. Lehman: Holly, we are going to build the road because the voters said to build the road. So the road is going to get built. Berkowitz: But it is not an access road. Lehman: It is going to be used as a road as soon as Scott Boulevard is done. The voters said to build the road. Berkowitz: Okay, but the traffic flow- Vanderhoef: It doesn't matter. This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 22 Berkowitz: What are you going to do about the safety of the kids? Champion: You know Holly, we are just as concerned about safety of children as anybody. We have lots of schools on very busy streets. We have lots of children living on very busy streets. And those problems will be addressed. When people talk to me about children and busy streets it only takes one car and you really do need to treat every road as a possibility of problems whenever you have a moving vehicle and people walking. But those safety issues will be addressed. We are going to put in the road and it will be opened eventually. Berkowitz: Then I have a suggestion for you. In many areas of Iowa City there are many- there is so much traffic going through so many residential areas and so many nice areas of town that would be a lot nicer if they didn't have so much traffic on them. I suggest that you block off several neighborhoods- a model is the Home School area where it is blocked off on all accesses except for one entrance. That is the way our neighborhood is in Normandy Manor Granada Court. It is a marv- it gives cohesion to the neighborhood. The neighbors can get to know each other. The children feel safer. The children feel safer playing. We feel safe about letting them walk to school. It is an education to walk to school. Education is environment and environment is education. And when you allow heavy traffic flow through a neighborhood you destroy that neighborhood. O'Dormell: Holly, do you remember in '937 Berkowitz: Refer me to it. O'Dormell: Do you remember the floods of '937 Berkowitz: Yes. O'Dormell: You had one entrance. Vanderhoef: And you used a canoe. Berkowitz: Mike- O'Donnell: I am your neighbor. I live on Park Road. Lehman: Okay, we need to move along Holly. You need to wrap this up. Berkowitz: Okay, but my point is and this is a very, very important point. That you are in charge of the safety of this community and Johnson County Supervisors- your government is in charge of the safety of the public. And I think we forget that sometimes when we are in public office. The safety This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 23 of everybody comes first. And the people who are least able to stand up and speak out when they need someone to stand up and speak out for them are the children. And too often public officials become private officials and don't think about public safety or the livability or the costs that are hidden- the risks. And those surface in time. You cannot hide those because they surface in costs for everybody and everybody pays in higher insurance costs, higher health care costs. Lehman: Holly, you need to wrap this up. We have talked about this on Council for probably five or six years. There is nothing that you are bringing up that we haven't discussed and agonized over. This is nothing new and it isn't something that we don't have a tremendous amount of concern about. And we will do our best. Our concern has got to be for all of the people of Iowa City. Not the people- Berkowitz: And more than just driving. Lehman: -along one road. Berkowitz: More than just driving. I am referring to the cultural (can't hear) that we don't want to get out of our cars. So I request that you set up a committee to look at blocking off the neighborhoods to make them safer and more pleasant places. Thank you. Lehman: Thank you Holly. Young: My name is Louise Young and I am a resident of the Capitol House Apartments. Actually, I voted for the construction on First Avenue for safety purposes because of my concern over access to emergency services for the neighborhoods that are up in that part of the city. My question is this, why if that road is completed first is the opening of it going to be prevented until the Scott Boulevard one also is finished? O'Donnell: You know Louise, we said in June of 1999 I believe, that we were going to open these roads and it was by resolution that we were going to open these roads simultaneously. And I think to change that we would have to go in and make an amendment to that resolution. I am not saying that hasn't been done. It can't be done. But the intention of this Council from day one has been to open these roads at the same time and address concerns on First Avenue. Young: But wouldn't the safety issue for those people that are up near that First Avenue- where that extension is be better addressed by considering amending that? This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 24 Lehman: You know, it might possibly be that if we are lucky- and we are not always lucky- but if we are lucky those two streets might be done at the same time. Young: Well, if you are lucky fine. Lehman: Yeah. It is possible because the construction of those two are going to overlap. So we can have some luck, which I don't know about. But there should be- hopefully they will be done at about the same time. Thank you. Young: You are welcome. Ketterer: Hi. My name is Margaret Ketterer. I live at 2526 Mayfield Road, which is about a block off of Court Street and a couple of blocks away from First Avenue. I was among the 43% of the voters who voted against the extension for safety reasons. I understand that it going through and I appreciate the Council's effort to have the two roads- Scott Boulevard and First Avenue opened simultaneously. I do appreciate your effort and hope that you can stay with that plan. I know it seems silly to construct a road and then to barricade it. That has been brought up in the newspaper and in many comments. But what I think that allows is for a little while to reflect how to build in safety measures that were talked about at the time of the vote last fall as a sort of"given". I would like to be sure that the Council considers an embargo on truck traffic on First Avenue. I know that you can't put in an ordinance that makes an embargo on traffic on a road that does not yet exist but when it is built I hope that that will be on of the first things that you consider. I also hope that you will consider some of the improvements on First Avenue that will be necessary to make it a safe road. The sidewalk construction that has been going in on the west side of First Avenue is a big help. I am hoping- many people said that there would be crossing guards at Rochester and First Avenue. Given recent newspaper articles on how difficult it is to get crossing guards I am hoping that that will not be a problem there. So that would be another issue that I would hope that Council would be able to address. Also in improvements to the intersection, particularly at Court and First, as I say, I am fairly near that intersection. My children cross that intersection everyday on their way to and from school. We do everyday on our way to and from work. People have mentioned the possibility of putting in a stoplight at that intersection. A stoplight will only help if there are a couple of turning lanes in that intersection as well. Once those things are put in I think that the First Avenue extension can work. But I think that during this interval when the roads are being put through is when the Council needs to consider doing these improvements so that when the whole thing is opened up it will be a safe road to travel. Champion: Good point. This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 25 Lehman: Good point. Champion: It won't be the first time we have looked foolish by putting a road in that is not opened. O'Donnell: (Can't hear) for that matter. Champion: (Can't hear). Right. Lehman: Other discussion? The public hearing is closed. Do we have a motion? b. Consider a resolution approving O'Donnell: So moved. Vanderhoef: Second. Lehman: Moved by O'Donnell. Seconded by Vanderhoef. Council discussion? Roll call. Motion carries 5-2, Kanner and Pfab voting in the negative. This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 26 ITEM NO. 10. CONSIDER AN ORDINANCE AMENDING TITLE 14, CHAPTER 3 (CITY UTILITIES) OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY BY AMENDING PARAGRAPH 6B-1, REMOVING THE RESOLUTION AND PUBLIC HEARING REQUIREMENTS FOR CERTIFICATION OF UNPAID DELINQUENT UTILITY CHARGES TO THE COUNTY TREASURER FOR COLLECTION IN THE SAME MANNER AS PROPERTY TAXES. (FIRST CONSIDERATION). O'Donnell: Move first consideration. Champion: Second. Lehman: Moved by O'Donnell, seconded by Champion. Discussion? Kanner: I have some concerns that we are taking away the public hearing aspect. I like the idea that we are moving up the frequency in which we are notifying people. I think it wouldn't be hard for us to put in an appeal process that would be simple and streamlined and would not take too much time for us or for most of the citizens. But it would guarantee the right of someone to be heard by Council. I am going to ask that we either defer this or consider an amendment for some sort of appeal process to be formally written into it. Vanderhoef: As we discussed this aftemoon at work meeting, I feel very comfortable with going forward with this as the notification to both the tenant and the property owner if it happens to be both also outlines for them immediately the steps they can take if they have a concern about it and get their input in long before it gets to this lien process. And I really don't think that we need to go forward with any more pubIic hearings because they have plenty of time to address this with staff up front. Lehman: There is an appeal process in place right now so no one can have a lien placed on their property without first being notified that it is going to occur. And they do have the opportunity to appeal. So I have no problem with this. Dilkes: Just to clarify- the appeal process right now exists with respect to the bill itself. Lehman: Right. Dilkes: The lien process is- what is envisioned under state law is that there be a notification of the intent to lien to give them an opportunity to pay it if they want to do that before the lien attaches. This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 27 Wilbum: In this case it involves the property owners and is who- by the time this was hitting them they were frustrated with not being notified sooner. So I think this will help (can't hear). Lehman: It streamlines the process. O'Donnell: Much more efficient. Lehman: Other discussion? Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 28 ITEM NO. 11. CONSIDER AN ORDINANCE AMENDING CITY COLDE TITLE 14, ENTITLED "UNIFIED DEVELOPMENT CODE," CHAPTER 5, ENTITLED "BUILDING AND HOUSING," BY ADDING A NEW ARTICLE K ENTITLED "CONDOMINIUM CONVERSION CODE" TO ESTABLISH PROCEDURES FOR CONVERSION OF EXISTING STRUCTURES USED FOR HUMAN HABITATION TO HORIZONTAL PROPERTY REGIMES (CONDOMINIUMS). (SECOND CONSIDERATION). Vanderhoef: Move adoption. Dilkes: We would like to see- staff is recommending expedited consideration as we have some people who have applications waiting to be dealt with. Lehman: Okay. Wilburn: I am sorry, I didn't quite (can't hear). Dilkes: We have people who have converted condominiums who need these to be passed on by the Department of Housing and Inspection Services that are waiting on this ordinance. Vanderhoef: I move the rule requiring the ordinance must considered and voted on for passage at two Council meetings prior to the meeting that which it is to be finally passed be suspended at the second consideration and the vote be waived and the ordinance be voted on for final passage at this time. O'Donnell: Second. Lehman: Moved by Vanderhoef, seconded by O'Donnell for expedited consideration. Discussion? Pfab: Is it possible that you could explain why the pressure is on to do away with this third consideration? Dilkes: This is a state law- this comes about as a result of a state law that became effective April 25 of 2000 requiring city building officials to review and approve condominium conversions. It kind of escaped everybody's attention. There have been some condominiums that have been converted without this being done and these people are now backtracking and trying to get it taken care of and we need to get this passed so we can do that. Pfab: So are you saying these are things that have already been accomplished and are finished? And now we are- Dilkes: What are, the condominium conversions? This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 29 P fab: Right. Dilkes: Condominium conversions- Pfab: No, no, no. I didn't make myself clear. In other words you are saying we need to pass this because people may be (can't hear) conversions without any one of the process catching this that this was something that needs to be done? So that it is now accomplishing what we are trying to- those conversions are now done? Dilkes: The conversions have been done and recorded with the county recorder. That is something that the building department was never involved in before this change to state law. But now we have become aware of this the local attorneys who have done those conversions have become aware of this and they are trying then to get their certification from the building department that the building codes have been satisfied. Pfab: Okay, so basically it is mainly a matter of housekeeping? Champion: (Can't hear). Pfab: No, I mean in the sense of cleaning up something that was overlooked? Vanderhoef: No, it is a law and we have to administer it and the state law did not ever tell us what we had to do to administer it. They just made the rule on it and it is time to- Dilkes: We have no mechanism currently to implement the state law. Pfab: So we are being asked to do it? Dilkes: And we are being asked to do it by attomeys who have done condominium conversions. And so we need to get the fees in place so we know what they need to pay us and get the ordinance in place so that building has the authority to do it. Pfab: But the buildings have now been converted? Lehman: Some are and some aren't. The list goes on. Vanderhoef: This is brand new. Pfab: So in other words the ones that aren't, that is not the problem? Lehman: No it is a problem with all of them because they want to covert. This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 30 Dilkes: The main problem is with the ones that have already been done and need to have this taken care of. Pfab: And I can understand that. Lehman: Further discussion? Kanner: Yeah, I feel strongly about the need for three readings unless there is something drastic as a reason not to do it. And I would like to know- we have had this law that sort of escapes us since April of last year- what are the consequences if we wait two morn weeks to do the third reading on this? What are the consequences for the city in terms of not passing it this week and waiting two more weeks? Vanderhoef: Notification of the folks who are waiting to administer this. They want to be ready to go on the 25th of April when the law takes effect. So if we wait until- Kanner: I thought this was last year? Dilkes: We have- I can answer that. We have been going ahead- the Building Department has started to do these reviews. We don't know what- the next resolution if it passes in the next item will establish the fees for that. We can't collect the fees until those are established. So essentially that is going to be the main. Kanner: So there is really no consequences if we wait two more weeks? And again you said it was April 2000 the state passed the law? Dilkes: It became effective April 25 of 2000. Karmer: 2000, not April of this year? It was of last year. I would urge the Council to defeat this motion to expedite the process and go through our three readings, which I think have served us well as a community for many, many years. Lehman: You know, this is just the sort of thing that cities- we- get criticized time and time again. We know what we need to do and we refuse to do it. Two more weeks won't matter. Four more weeks won't matter. Steven, why wouldn't you do it now to do what we need to do and know what we need to do and try to make life a little simpler for the people we represent? Kanner: The people we represent count on us to follow the laws Ernie and to- if three readings is something that makes sense we should follow that This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 31 because it gives people an opportunity to do that. I think to give in for something is doing a disjustice to our constituents. Lehman: Does two readings make sense on this? Kanner: No, I think two readings- Lehman: Okay, fine. You don't see it the way I do. Roll call on the motion to expedite. Motion carries, Kanner voting no. Vanderhoef: I move that the ordinance be finally adopted at this time. O'Donnell: Second. Lehman: Moved by Vanderhoef, seconded by O'Donnell. Discussion? Roll call. This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 32 ITEM NO. 12. RESOLUTION ADOPTING FEES FOR CONVERSION OF EXISTING STRUCTURES USED FOR HUMAN HABITATION TO HORIZONTAL PROPERTY REGIMES (CONDOMINIUMS). Lehman: This is a fee structure for the previous resolution. O'Donnell: So moved. Champion: Second. Lehman: Moved by O'Donnell, seconded by Champion. Discussion? Kanner: Could someone tell me the reason for the $200 initial fee that is being proposed? If you don't have a building permit I believe that is. Dilkes: Let me get the resolution in front of me. Kanner: It is $200 no matter what- plus some other fees and I was wondering where that $200 fee came from. Dilkes: I believe that Housing calculated that based on what their cost will be. There is some significant review involved here. Basically what the law requires is that when a condominium- a residential condominium is converted from- into that form of ownership from an apartment building for instance to a condominium, that it must comply with all the building codes in effect on the date of conversion. So it is a fairly complete review that is required by Housing. Kanner: We are also getting $30 an hour for an inspection if there is no building permit required. What is the difference between that $200 fee and that $30 an hour staff inspection fee? Dilkes: I can't respond to the detail as to how the fees were calculated. Karmer: Does anybody know- any staff?. Arkins: I can only tell you that, just as Eleanor pointed out to you, that we traditionally calculate the costs. Lehman: My guess would be that the $200 is a fixed fee that we feel it takes us to process all the paperwork and the $30 an hour is the additional time it takes to do the actual inspection. But that is a guess. Other discussion? Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 33 ITEM NO. 13. CONSIDER AN ORDINANCE AMENDING TITLE 6, CHAPTER I (NUISANCES) OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY BY ADDING STANDARDS AND PROCEDURES TO CONTROL THE NUMBER OF VEHICLES PARKED, STORED, PLACED OR KEPT OUTSIDE ON PRIVATE PROPERTY. (PASS AND ADOPT). O'Donnell: Move adoption. Vanderhoef: Second. Lehman: Moved by O'Donnell, seconded by Vandcrhoef. Discussion? This was deferred from our February 20 meeting. Champion: I will start the discussion since I am partly responsible for deferring this. I have given a lot of thought to this over the past- however long it has been, it seems like it has been a long time but it probably hasn't been. I think the ordinance is a good ordinance. I have a problem with a particular house that has a lot of cars stored on it and possibly the reason for this ordinance coming up to us at this point. It bothers me that all the sudden when we pass this ordinance the cars that are on his property- which his property is very neat by the way- it becomes illegal. So I am asking the City Council to- I didn't want to use the term 'grandfather' because I don't really mean that word- Lehman: It is a good word. Champion: Grandmother is a better word. Lehman: Okay. Champion: To grandmother him in with a certain time like, I don't know, three to five years. I don't know what the proper time is, to correct this situation. I think there has to be some give and take on how this is handled. And I don't know what ordinarily happens when you pass an ordinance- what happens as far as people abiding by that ordinance. But I think we need to be very specific here with some type of an allowance for this particular residence. Because I think in the long run the ordinance is a good thing. Pfab: I think- is it my turn? I believe that this is totally unnecessary. I believe that this is a neighborhood situation that kind of got out of control and I was out there again today to go through the place and I can't see where people are being harmed. It just doesn't make any sense and I think that we will regret the day we pass this. And I would vote no again. This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 34 O'Donnell: Well, and I think people are being harmed. I think anytime you affect their property value you affect their ability to sell their home or you affect- I think it affects your quality of life if you have to look out the window and see 22 cars in the yard. Pfab: Who has to look out the window? O'Donnell: Neighbors. Pfab: Which neighbors? O'Donnell: Well, maybe the neighbors that live around him Irvin. I am not sure. Pfab: Okay, I know if you go out and look you will (can't hear). O'Donnell: But in finishing, I believe it is our responsibility to uphold integrity, character and quality of the neighborhood. And to me this directly affects that. So I am going to support this ordinance. Vanderhoef: For me this is one of those cases where we are spending $4 million downtown to change the appearance of downtown to make it an inviting and pleasant place for everyone to be. We spend $50,000 annually for beautification of the entrance to the city. First Avenue certainly is going to be- being an arterial it is an entrance. It is a street that is used by a lot of people who view this from the street. We just planned $60,000 tonight to take care of some beautification along Melrose- not Melrose, Mormon Trek and Dubuque Street. These are all things that are for the welfare of the city. And it is for all of the city. Now why we would do less for a neighborhood- we put out $25,000 annually for PIN grants for neighborhoods just to keep their neighborhoods looking nice and putting them together. So if you look at the houses that are on Rita Lyn and across the street on First Avenue and the ones down on Glendale Avenue and Heather Court that look towards either the front yard, the backyard or both yard and see 18-21 cars I feel this does interfere with the welfare of their neighborhood enjoyment. I don't see that this is any different than the other public places that we have. We have always had standards that we put out in zoning. We impose these on the citizens for the general welfare of the citizens and I think this is one of the things that in this particular instance there is one person, however we have been working with this for three years and I think it is time to address it and address it with an ordinance so that the standards are there so other communities will understand that this cannot happen in their neighborhood. And have another three years to try and rectify it. So I agree with Connie that we need to go forward with this ordinance. I would prefer not to grandmother/grandfather in here. I think we ought to just move forward with it. This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 35 Pfab: You live in this neighborhood right? Vanderhoef: I live a couple blocks away from this and I pass it regularly because First Avenue is one of my Major traffic areas. Pfab: What is the most cars you have ever counted? Vanderhoef: 21. Pfab: You counted them as you drove by? Vanderhoef: No, I walk it and I have walked it from Rita Lyn. I have walked it on the sidewalk across the street. I have walked it on the interacting sidewalk that goes between First Avenue and Rita Lyn that goes along the north edge of his property. Pfab: When was the last time you walked it? Vanderhoef: Probably October. Pfab: Okay. O'Donnell: You know, and I am going to- I will agree with Connie and Dee that we need to move forward on this and get something down. I don't believe there is anybody sitting up here that would like 22 cars parked in the yard next to them. Lehman: We passed- O'Donnell: But we need to move on this. Lehman: We pass zoning ordinances as does every city in the state and county and whatever that regulate the quality of life in neighborhoods. So I don't think that is unusual. I don't think by any stretch of the imagination that it is an inappropriate use of ones property to use for a used car lot or a vehicle storage lot in a residential neighborhood. I dislike very much the fact that this has been allowed to continue for ten years or thereabouts. It is something that should have been addressed a long time ago. My concern is that if we bring this up and fail to act on it then we basically are telling the folks in Iowa City that anyone may park any number of vehicles they would like to on their property as long as they have a concrete pad to park them on. And I think that is a bad message to send folks. So as much and don't like the idea of having to require that this situation change I like the idea of keeping it and allowing it to continue even less. So I will support the ordinance. And Connie, I would support This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 36 some- rather than see this ordinance defeated I would- but I do think that it has to be- it can't go too long before it gets enforced. I realize that it could take some time but I talked earlier today to one of the folks in the Housing Inspection Department, the ones that will be enforcing this, and their feeling obviously is that this should be- there have been so many people who have complained about this and I am sure that if that were across the street from any one of us that we would have the same concerns. Pfab: Can I add to that? Lehman: When I get through Irvin, please. The time that I- obviously they would like to enforce it as soon as they can because of the number of folks who have been concerned about it. But their recommendation is that if we in fact feel that there should be an allowance for time to comply with this ordinance that it should probably not exceed a year. That was the number that I got today. Wilburn: I just can't work through the fact that it has been one case. I can't support this nuisance ordinance in this case. It has come up in the past but there hasn't been growth in this particular problem. It sounds like this is going to pass (changed tapes) there was a side issue related to the neighbors lashing out- passer-bys in terms of some vandalism. I would encourage him to continue to work with law enforcement to try and catch whoever is doing that. And I would ask the folks that there was disagreement with the number of cars- I would point out that you are getting a reduction in cars and just ask that this stop. That is a side issue. Lehman: If we choose to enforce this or make the compliance in a period other than as of the date the ordinance takes effect, that will require that this ordinance have three readings and will require an amendment tonight which would constitute the first reading and we would then have to have two more readings because that substantially changes the ordinance. Champion: Well, I don't think so. I don't think we did that when we made that little allowance for Bud Louis. We didn't keep rereading the ordinance. We passed the ordinance and worked through something with him. Eleanor, why couldn't we just direct the staff to work with this guy and give him whatever it takes- 18 months, two years- to- I mean, do we really have to rewrite the ordinance? We are really going to keep the ordinance the same. He has just got a little sidebar in here. Dilkes: Let me tell you how I analyze that. It seems to me that, and I think the record reflects, that this ordinance is to deal with one particular problem. At least the problem that we have to date. And that staying enforcement for a year on that one particular problem is a fairly substantial change to the ordinance. Ordinances require three readings and so you always look This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 37 at whether there has been a substantial change if an amendment has been made so that you have to go back and do two more readings. And I guess my take on it is that that is a fairly substantial change and you would have to give it three readings. Lehman: That is no problem to have two more readings. Champion: No but- Dilkes: You could collapse those two readings and do it next time. Lehman: Not on this one. Champion: What would happen- okay, what- if we pass this ordinance tonight what- how do we go about enforcing that ordinance? Is that immediately enforced? Vanderhoef: When it is published. Dilkes: The ordinance is published and it becomes effective on publication. Then I suspect that housing would do it as they typically do. They will do a 30- day notice of violation and then they will proceed with the municipal infraction if it is not corrected. Champion: I can't support that. I have to have a- I guess I would want to amend the ordinance (can't hear) date of effectiveness. I don't know how to handle it. Pfab: In other words you are saying for you to vote for this you would say that in this particular case that there would be a time to correct this within the year or so? Champion: Right. Lehman: I think the way to do that Connie if you wish to change it is you could make a motion that we pass the ordinance with the understanding that those who are not in compliance have one year to come within compliance. To comply with the ordinance. Champion: Would that change the ordinance enough that we would have to reread it again? Lehman: Yes. Champion: Okay, would you state that- This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 38 Vanderhoef.' (Can't hear). Champion: Would you state that again for me? Lehman: Well, I think you could amend the ordinance to say that pre-existing conditions in violation of this ordinance would have one year to comply. Champion: I would like to amend the ordinance to say that any pre-existing conditions would have one year to comply. I move that. Lehman: Is there a second? O~Donnell: I second that. Lehman: We have a motion and a second that any violations of this ordinance as presently written would have one year to comply. Atkins: Emie, can I ask you a question? Lehman: I am sorry- Pfab: I started to interrupt you before and when you finished I didn't get a chance and I wanted my chance. You said that there has been a numerous number of complaints here? Has any one person ever stated who they were that made the complaint? Lehman: I can't tell you. I don't know. Pfab: The record will show nobody has ever stated- publicly made that complaint. O'Donnell: I don't think that makes a difference. Lehman: I don't know what difference it makes. Pfab: When you said there was a lot of complaints that is what I would (can't hear). Vanderhoef: Well personally I have received plenty of complaints. Lehman: I have too but I don't know how many written complaints from the city. But this has been drawn to my attention for a couple of years. Pfab: Has anyone gone on record and said we are complaining against him? This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 39 Lehman: Is there anybody who doesn't know about this condition for the last six or eight years? Pfab: Pardon? Lehman: Is there anybody who doesn't know about this situation out there for the last six or eight years? Kanner: Well, I live near First Avenue and I actually didn't really notice it and I went by there quite often. But Ernie I wanted to say that I think this is the kind of thing that Iowa City citizens don't like- overbearing laws for aesthetic purposes. And I think this is the kind of thing that people are getting upset about and this is why we need to vote it down. We need to find other ways to deal with it and to talk with this person and just the resources of the city to facilitate discussion and to encourage neighbors to talk with people that they are having problems with. To pass an overbearing law is not something that the citizens of Iowa City want to do. And I would say this is a Major problem that we need to do away with. O'Donnell: I think there have been neighbors out there talking for about ten years. Kanner: No, he said he has never- the person this complaint is about said he has never received one personal complaint or talk to about this issue. O'Donnell: I don't recall that. Vanderhoef: It escalated in the number of phone calls that I got and number of people that stopped and asked if the city enforced having the vehicles on concrete because all of those vehicles for two years had been in the backyard and were not as visible from the First Avenue side. It was only the folks who lived on Heather and Glendale and Rita Lyn that looked at all of them in the backyard. And when the city said they had to be on concrete then most of the concrete was put to the front and those vehicles were moved out of the backyard to the front yard and that is when it became even more (can't hear). Pfab: I will go back to what I stated at the last time- I wouldn't touch this with a 100-foot pole. Lehman: Okay. Dieterie: You asked if anyone didn't know where they were? Where this was? And I don't. What is it? I drive that way a lot but I have never seen these cars. This is First Avenue? First Avenue? What is the address? Atkins: 131. This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 40 Dieterie: 131. So what is the nearest cross street to it? Is this north? Vanderhoef: It is south of Rochester Apartments. Dieterie: Is it on the west side of the- the east side of the street then? Vanderhoef: West. Dieterie: West. Well, I will take a look. Lehman: All those in favor of the amendment as proposed say- I am sorry. Atkins: Emie- I have a question for Eleanor. How do we establish pre-existing condition? Does that mean we have to actually issue something? Dilkes: We may want to do a letter to the property owner that says this ordinance passed with the provision requiring compliance within a year. I mean, I think it would be from the effective date of the ordinance which is- Atkins: Okay, that is what I wanted to understand. Is this a year from the effective date of the ordinance or for example in the next couple of months we discover another one? How do you establish a pre-existing condition then? Dilkes: No, it is from the effective date of the ordinance. And I will mess with the language and you will see it the next time it comes before you. If it passes. If the amendment passes. Lehman: All in favor of the amendment say "aye". Opposed? Pfab: No, I am not going to say aye. I will say no. Lehman: Okay. The motion carries 4-3, Kanner, Pfab and Wilburn voting in the negative. Now, we will vote on the motion as amended. Roll call. Motion carries 4-3, Kanner, Pfab and Wilburn voting no. And we are going to take- Karr: Could I clarify for the record that was the original motion was passed and adopted because this is as amended. It is first consideration. Lehman: It is first consideration and we will return at about 7 minutes till 9:00. (Break) This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 41 ITEM NO. 14. CONSIDER A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE NATIONAL SCULTURES GUILD WITH AND THROUGH ITS ARTIST FOR THE WEST PAD OF THE DOWNTOWN PEDESTRIAN MALL AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME. Champion: Move the resolution. Wilburn: Second. Lehman: Moved by Champion and seconded by Wilbum. Discussion? Kanner: I had a question on this for Karin. I don't recall the ten copies- the possibility of making ten copies in there. Wouldn't one assume that we get a reduced price if you are not getting a unique piece of art? Franklin: I guess not. Not from the National Sculptors Guild. What we have learned, and I mean this whole Public Art thing has been a learning experience as we go along, but with bronze sculptures or- well, yeah bronze sculptures as opposed to the ones that are going in the north pad which are stone and glass, a form is made in which the bronze is poured. And that is how it is created. And so once that form is made artists typically create a number of other sculptures which are not the original. They are what is called the limited edition. And this is a very common thing when you are working with bronze figures. So knowing that now it is something that we would expect then whenever we are going to be looking at a bronze figure or something that is poured as opposed to something that is chiseled away at. I don't know how else to explain it. Champion: That is not anything new. It has been going on for years. And it doesn't- Franklin: It makes sense to me now. Champion: Right. It isn't of any less value. Franklin: Right. Champion: Sometimes the first pouring is the most expensive piece. The last pouring is the least expensive. But the difference might be pretty minor. Franklin: Because we have the original and we do have the right to sell it if we ever wanted to, that piece as Conhie said should have greater value than number 1 - 10 of the copies. Vanderhoef: Will 300 miles exclude St. Louis and Minneapolis? This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 42 Franklin: Not Minneapolis. Champion: What about Chicago. Franklin: No. Vanderhoef: Chicago is less than 300. Lehman: Right. Vanderhoef: The other two are right at 300. Lehman: Do you have a reason for that question? Vanderhoef: Yeah, I do. This is an art piece that would be interesting for art lovers to come to this city specifically to see. And if it is available too close to us we lose the attraction of having this piece of art. So I would like to be sure that Chicago, St. Louis and Minneapolis would be excluded from this area. And so if300 is not- Franklin: We would have to renegotiate this then with them to get a larger distance. Lehman: Take air miles. Franklin: Pardon me? Lehman: Take air miles. Champion: That would be less. O'Donnell: As the bird flies. Vanderhoef: Then it definitely is less than 300. Franklin: It would be as the bird- as the crow flies. Not just any old bird. As the crow flies. (Several talking) Franklin: The Public Art Committee I think when they came up with 300 miles, because that was their figure, it was thinking about eastern Iowa, Illinois- those people who would typically come here for Jazz Fest or other events like that and coveting that area. This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 43 Lehman: If everybody within 300 miles comes to see it we are going to be pretty successful with it. Kanner: I like the idea of- sorry- Franklin: We can look at a different distance if the Majority wishes. It may mean that we have to forgo this particular sculpture. Lehman: No. Champion: This is not- I am really- I hate to say this but this is not a Major work of art. This is not a $10 million Mona Lisa. You know this is a bronze sculpture that to me is incredibly reasonably priced. So 300 miles- I mean, that is really being petty. Lehman: Okay, we've got the mileage out of the way. Other discussion? Kanner: Well, no, I don't- certainly it is not a Mona Lisa although the Mona Lisa sold for a lot less originally then this on did. O'Dormell: A long time ago though. Karmer: A long time ago and even in today's terms. But the point is that certainly these are- we are not known as the great art gallery destination but- Champion: I am not sure about that. Kanner: But we can build on this and I think the mileage thing can be an important thing and to say 500 miles I don't think is unreasonable. And I think it is something that might be acceptable on a very easy level to negotiate with the artist. Lehman: Are you talking about future ones? Kanner: Well, I would like to consider it for this one. Lehman: Why don't we talk about those things before they get to us instead of changing the rules when they get here? Vanderhoef: This is the first we saw of the 300 miles. Lehman: I just think that we have to put a little bit of credibility in the staff when they set this up. If we want to change it we need to give them instructions that the next one needs to be 500 miles. But not to go back and change this one. This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 44 Champion: I think it is foolish. O'Donnell: I think you are getting a lot of mileage out of this Emie. And I think it is time that we voted on this. Lehman: Any other discussion? Pfab: I am trying to figure out what that coughing is about. Lehman: Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 45 ITEM NO. 15. CONSIDER A RESOLUTION ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2002. O'Donnell: I move we accept this as presented. Lehman: Moved by O'Donnell. Champion: Second. Lehman: Seconded by Champion. I would like Council's concurrence in this, as we have seen Mr. Kanner has some amendments to this. The Council has discussed the budget extensively for probably 20 hours or more. We have had a public hearing on this budget where the public has been invited to address the Council and has done so. I have always felt that whenever we have an item on the agenda that the public should be allowed to speak to that item. However, I would like to ask, with the Council's permission, that the public discussion on this item be limited to no more than 15 minutes and that no one speak for more than 3 minutes. And that those folks who have not spoken in the past have the first opportunity to speak. At the end of the public discussion I would then suggest that we take the amendments that Mr. Kanner will present to us and discuss them among ourselves. Is that agreeable to the Council? Champion: That is agreeable. O'Donnell: That is agreeable. Pfab: I am not sure I understand. In other words, after the public (can't hear) we will discuss these amongst ourselves? Lehman: The public will have another opportunity, which is not in keeping I suspect with proper procedure because we have had a public hearing and we have closed it. But I have never asked- I have never told anybody they couldn't speak to an item that is on the agenda and I hate to do that tonight. But on the other hand I do not care to have another public heating. So my suggestion with your approval is that the public be allowed to speak to this for up to a maximum of 15 minutes with 3-minute increments. At the end of that time we will accept whatever amendments Mr. Kanner or anybody else on the Council may have and discuss those amendments among ourselves and then vote on it. Pfab: You mean rather than have the public timing on the amendments? Lehman: That is correct. Pfab: Okay. This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 46 Lehman: I think everybody has copies of the amendments. Pfab: I have no problem with that. Lehman: Okay. Kanner: Emie, I just want to say that I think the purpose of the public hearing is so that we can get input from citizens and then we can come back at the next vote and discuss it and continue the dialog and if we feel something is wrong we could offer amendments and we can change it and continue to hear it. Lehman: And that is why I am suggesting that we do allow the public to speak. Kanner: Okay. Vanderhoef: But to continue because we have a deadline on adopting this budget. So we have to adopt tonight. We can't- Lehman: No, my thinking is that the public may address this budget as they did last week along with any amendments that Mr. Kanner has placed back here for a maximum of- until 9:15 at which time amendments will be presented by the Council to the Council, and Council will discuss those amendments and we will proceed to adopt either the amendments or the budget as given. Vanderhoef: That is- Lehman: Discussion on the budget? Kanner: I have three separate amendments that I would like to offer. Lehman: Steven, if you start offering the amendments there will be no public discussion. The amendments will come after the public discussion. O'Donnell: I think you did ask him to talk first. Champion: No. Vanderhoef: No. O'Dormell: I thought you just did. Vanderhoef: No. This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 47 O'Donnell: Okay, then the public- Lehman: The public discussion- I don't want to involve- get involved in discussing amendments. I think Council is perfectly able to do that. I think the public if they wish to address Council having seen the amendments and also having seen the budget certainly should have one more opportunity. Kanner: I think technically I have a point of question. I think technically one would want to introduce the amendments before one discusses the amendments to make them official into the record. As a point of procedure that makes more sense. Lehman: That is up to the Council. The amendments have been available in the back of the room since the beginning of the meeting. Vanderhoef: Do we have anybody who wants to talk to us? O'Dormell: I would just as soon we continue to the public discussion and then review Steven's amendments and vote on it if everybody else wants to. Lehman: Okay. Williams: I did speak at the last Council meeting on the 20th so if there is someone who has not spoken I would certainly give them the floor. My name is Carl Williams, born and raised in Iowa City. At the February 20 Council meeting some were quoted as saying the city' s drug of choice was marijuana. On February 21 on a Wednesday four meth labs were found in Washington County resulting in 18 federal indictments. 12 meth labs found in the last six months according to that police captain. On February 22 Thursday, Des Moines, $1.5 million in stolen property including 50 cars, assorted stolen guns and credit card fraud were committed. 26 indictments where drugs such as crack cocaine, meth and marijuana were involved. On February 22 Thursday in Keokuk fire fighters found meth in a trashcan. On Friday February 23 the Louisa County Sheriff had five busts in meth in four days. On Friday February 23 at Prairie High School in Cedar Rapids a 15-year-old was arrested for distributed illegal prescription drugs. Three students ended up in the hospital. I would surmise that the drug of choice given all the alternatives is not just marijuana in Iowa City. I suspect that some of this meth is meandering its way into Iowa City. Some say that on the 20th that illegal drug usage done privately does not hurt anyone. I submit that thousands of dollars will be spent in discovery, arrest, process including jails and trials will all be covered by the taxpayers. We have at least one Council member that has been quoted in the Cedar Rapids/Iowa City Gazette, Steve Kanner, who will vote to not accept $64,000 for the Edward Byrne Memorial Grant. He feels that they are requiring questionable tactics. First of all, if we do not This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 48 accept the dollars the work will be done anyway. The difference is we, the Iowa City taxpayers, will have to make up the difference of what would have been rebated federal money. The police are using legal means of search and seizure. Steven Kanner and others do not dispute their legality. They just don't like them. It seems as though Steven Kanner wants to rewrite the law. Some others in Iowa City want the police to turn a blind side to the illegal drug use. I urge the Council to accept this grant and urge the police chief to use this money wisely. Put the drug users, suppliers, and yet sympathizers out of business and certainly out of Iowa City. In other matters of the budget I urge the following. Do not raise parking rates, it is the lack of parking, the lack of shopping, the parking meters themselves that have sent the shoppers racing to Coralville. In the subject of underage drinking in downtown, do as many have already done. No minors in bars between the hours of 8:00 and 9:00 PM and for the rest of the evening if they can't control their behavior. If bar owners suffer so be it. All of Iowa City at night is bars. Start limiting licenses. Turn our downtown into a safe environment and other businesses will entertain the idea ofrelocating in the downtown again. I urge all Councilors to look at more ways to expand our tax base and support our tax suppliers- that is the homeowners and the businesses. Thank you for your time. Lehman: Thank you. Dieterie: I would correct the gentleman who spoke previously. The grant itself says that the money should be used for activities that are not otherwise funded. This is to be used for things in addition to the normal funds that the city has. Also I have no quarrel with his statistics about other counties. The assertion was made about Johnson County. And the statistics in the grant application support the idea that marijuana is the drug of choice in Iowa City. That is probably because people in Iowa City who use it are predominantly people who are too smart to use something like meth. I don't want to take up your time except to say that I think that we are on a very slippery slope. When you are talking about garbage searches and anonymous tips. In granting a warrant if the judge relies on the word of the police as to where the evidence was found and when and if quotas am not being met will evidence be found where none exists or existed before? And there is no need to even plant any evidence if the judge simply relies on the word of an officer. And that is one person's word against another, which is never good. I am here for my students as well as for my town. I want you to see the article from the Des Moines Register regarding college campuses and financial aid lost because ofmarijuana arrests. The person quoted in the article who says, "I know guys carrying a 3.9 grade point average who smoke weed every day last semester," is correct. In my 20 years experience as an academic advisor I have known students, Pi Beta Kappas, honor students, students with grade points well above a 3.5 who went on to grad and professional schools, medical school- who smoke This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 49 marijuana regularly. And they are holding down very responsible positions today and society would not be better off if they had lost their financial aid. There is a University song (can't hear) which says rejoice therefore while we are young because graduation comes and life becomes very serious all too quickly. I am an old lady and I speak from experience. Things around here are no more lawless now then they have ever been amongst the students or the town. And I am also going to bring you copies of the front pages of the Daily Iowan from 1967 and 1974. I will show you these right now. "Protestors Lead Cops on Wild Race to the Tune of(can't hear) Must Go Now. It started as a calm day but soon 18 were in jail." This was December 6, 1967. Here is another neat one. "Streakers (can't hear) Campus Again". That means they have done it before. This is dated Thursday March 7, 1974. I will turn these in to the City Clerk. I have lived here long enough to know that in our day and in your own grown children's day partying was done very heartily. There is snow on the roof but that doesn't mean that there was never a fire in the furnace and there are people on the Council who also have snow on the roof. So please look into your hearts. Would you want today's youth to judge you as you wish to judge them? The oppressive atmosphere of prohibition does no good for anyone and no good for the town. The police should not go after people who are at home and making no trouble for anyone. By city policy please stop knock-and-talks, anonymous tips and garbage searches. Refuse this grant with the quotas in it. Enforcing the law in this way is more accurately looking for trouble and it alienates students from authority. Do not victimize the (can't hear) of our youth upon whom we must depend in the future, or anybody else. And I will bring you this stuff. Lehman: Okay. Thank you. Majors: My name is Charlie Majors and I live at 7 Blue Stem Court. I will be brief. I just want to thank you for the six additional firefighters that appears to be in the budget. And I also want to urge that you continue the three police FTE- continue the FTE as it is. Don't cut any police, don't lay off any police, don't attrition any police. Please take no action on the Police Citizen's Review Board or sunset it. And the police grant involves federal and state laws not any city laws or city ordinances that I am aware of. And it is my calculation that it is less than nine tenths of one percent of the police budget. Thank you. Lehman: Thank you. We will take one more. Ditsler: My name is Elaine Ditsler and I live at 1108 Oakcrest Street #7. That is Iowa City. And I think Carol made some- I am sorry- O'Donnell: Could you pull the microphone back a little bit? I can't hear you. This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 5O Ditsler: I think Carol made some great points and I would like- I don't think that can be reiterated enough. There are several problems that I have with the- I am referring to the grant in the city budget for the Iowa City police department. I believe that it is very narrowly focused and the police should consider perhaps more crucial issues in Iowa City. And as I understand it there are other available programs that they could have applied for through this same grant so that the loss of $80,000 should not really be an issue here. I have very strong- I am very strongly opposed to the use of garbage searches specifically and knock-and-talks. I believe that is going to undermine the trust- the little trust that remains perhaps between our police officers and particularly the students here. The fact about the inability of students to receive financial aid cannot be reiterated enough. Neither can the possibility of planting of evidence or one's word against another. I believe that the use of quotas in general for pretty much any law enforcement- as any law enforcement tactic to enforce anything- is a bad idea. It makes sure that there is always going to be the marijuana offenders and the other drug offenders convicted because they have to be even if it is not even a problem here. So I just wish for you to consider these opinions. I think that this could devastate lives and these people do not deserve to be treated like hardened criminals. Lehman: Thank you. Steven? Kanner: I was wondering if the cameraperson over there could put the overhead on. I have three amendments and I am going to offer them separately to the budget. The Operating Budget for Fiscal Year '02- it is number 15. It was a handout that came today and it is also on the overhead. #1- I would like to add $20,000 in expenditure to put Community Service Officers in schools. Let me take that back and actually I will start with #3. #3- I am sorry- I would like to subtract $100,000 expenditures from our budget expenditures and we would do that by removing officer positions by attrition and one of the two officers would be the DARE officer. I do this- I would offer that as an amendment to subtract $100,000 expenditure for two police officers. I offer that as the first amendment for the budget. Lehman: You said you are going to offer three amendments. Is that one of the three? Kanner: This is the first one that I am going to offer. Lehman: All right, is there a second? Amendment dies for lack of second. What is your second amendment? Kanner: Add $20,000 expenditure- This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 51 Lehman: You can't make a motion to add by itself. It will have to be combined with one to reduce so that- it is inappropriate to add to a department unless there is a corresponding decrease. So you want to couple the increase with the decrease in order to make it a legal motion. Kanner: Well, actually you don't have to do that Emie. It (can't hear) program is (can't hear). Lehman: It would be illegal for us to pass an amendment increasing this unless we had a corresponding decrease. Kanner: I can offer them separately. But I will go to the next one. To not apply for the $64,753 grant for the Iowa Office of Drug Control, "Edward Byrne Memorial State and Law Enforcement Assistance Program Funding". Lehman: We have a motion not to apply for the grant. Is there a second? Pfab: I would second all of these just for discussion. Lehman: We have a motion and a second not to apply for the grant. Discussion? Kanner: Irvin, did you say you- all of them? Pfab: Right I would (can't hear). Champion: (Can't hear). Lehman: The first one is done. Discussion on not applying for the grant? Champion: I just want to clarify something. I think the grant- I am going to vote for the grant. I am going to vote against your amendment. I keep hearing the word quotas. I don't think any of us like the word quotas. Steve, can you just answer me are those a goal that is set down on the grant? Kanner: It is an objective. Champion: I didn't ask- I am sorry- Kanner: My name is Steve, Connie. Champion: I just meant- but that is fine, you could answer it. Kanner: Yeah, there are objectives that are listed on the grants. Champion: But it is not really a quota? It is a goal. There is a big difference. This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 52 Kanner: What is your definition of quota? Champion: I think quota is something you need to meet. I think a goal is something you try to meet. I think there is a big difference. O'Dormell: I agree. Kanner: I am not going to argue that. I think the objective is just as bad. I think it doesn't allow our police officers to do the utmost job that they can do and do do- that they often do. And I think by saying that we support these kinds of objectives it is not the community that I want and I know it is not the community that most of the people that live in Iowa City want. I think it leads us on a slippery slope that is quite frankly odious in abridging our 4th amendment rights. And even though it may be legal by the Supreme Court we can set our standards on what we wish to pursue and put our scarce resources. I think them are other violent crimes out there. There are large drug deals that we should be putting our resources into. And I think it is imperative that we make a strong statement saying that we do not want these types of objectives for our police force. Lehman: Other discussion on the amendment? O'Donnell: I think we make a mistake when we speak for the Majority of Iowa City because I don't think we really know what the Majority of Iowa City thinks. However, I think this is selective law enforcement and we can't do that. Marijuana presently is against the law. We have no choice. We are going to enforce that. And I don't think it makes a difference whether we receive this grant or not, you are still going to enforce the law. Marijuana is illegal in the state and in the country. Until that has changed we have to enforce the law. So I am not going to support this. Lehman: Other discussion? Wilbum: I am not going to support the amendment as well. I think it is important to look at when we are talking about trying to have some type of effect on drug- it is important to look at both prevention, intervention, treatment and enforcement. And I look at this as one piece of that total effort that is going on in the community related to drugs. I think that- as Connie you were saying and as someone who has written grants- I look at those as things as goals as things to try for and not necessarily something that you have to meet. Another thing that comes to mind- the gentleman during the public comment had mentioned some things going on in surrounding communities and I think there is that expression that I have heard from folks about well those are problems that happen in more urban areas. Well, there have been some changes- some things that have happened over time but I think there are some increasing changes that have happened This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 53 over the past decade, decade and a half or so in terms of activity and in I suppose some cultural sense too about different types of activity that people will engage in and safely or not safely engage in. So I would be concerned about some of the activity that go along with part of these goals in terms of cutting off our ability to impact some of those larger- someone who is distributing and someone who is engaging in some harder and/or even violent activity that goes on. I would be open to, at some point during the year, talking about some of the other concems about the knock- and-talk and perhaps having some correspondence or conversation with the City Attorney's office and police office. I had a good conversation with Andy about four months ago just about the legality and the constitutionality of knock-and-talk and it might be an interesting I suppose education at least for us as Council Members to look into. There has been comments about- we are not going to agree in total about the effects of marijuana in this case and whether or not some people are harmless or harmful to the community at large. And I can see where there are some folks who- the only effect they are having is on themselves whether they agree about any type of long-term effects. But I think there is another crowd in town where their judgement is impaired, they do get out, they do go out and- I mean, not their judgement but their abilities are impaired. And it can have a negative effect on others. There are some who are distributing to young people. And in my mind in some cases acting almost as predators to young people. Some of the things that they offer, not just with marijuana but with some of the harder drugs, again, as the gentlemen pointed out earlier. So I guess I will stop with that. Lehman: I carmot support the amendment either for several reasons. I really agree with what you said Ross. One of the reasons though is this is a cooperative enforcement between the Iowa City Police Department, Johnson County Sheriffs department and whatever and I think it is terribly important that we cooperate as much as we can with other law enforcement agencies. The bottom line is whether or not marijuana is a harmful drug really isn't the question. It is against the law. And those folks who use marijuana just as those who drive drunk, who speed, know it is against the law. We don't outlaw radar because you can't see it. We still let officers use radar to stop speeding cars. When people break the law they take the chance of having to suffer the consequences. And I believe that we as a city Council have been sworn to uphold the laws of the state of Iowa and the city of Iowa City as well as our police force and as well as the Johnson County Sheriffs department. And for us to do anything less would be a breach of our trust to the public. Kanner: Ernie, we actually give an award for spirit of the law which is basically saying that there are times that you go beyond the law and you look for what is best in the community. And we have scarce resoumes and the point is we can direct all our people in one area- we can say we want you This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 54 to concentrate on that area. We are not going to have a police state and carry through 100% on every law that is out there. There are police officers all the time that in the spirit of the law will let someone go for a possible drunken offense for instance. This is not about ignoring the law. This is about tactics that are being used that we as a city Council can say we do not want that policy. That we want to look at the overall policing policy. We draw the line all the time whether it is aesthetics and how many cars one can have in a driveway or whether it is how we are going to have our police operate in the community and how they are going to enforce the law. We draw those lines especially with police that have special powers given to them by the state, the feds and the local. And we can say we do not want people to follow those objectives that are listed. We want you to find other ways. We want to support ways for people to feel healthy and feel that they can be drag free by supporting them with other programs. And that is what the budget does. It sets a blueprint for what our priorities are. And I do not want to have our priorities to be the objectives that are set forth in the Edward Byme grant. Lehman: Further discussion? All in favor of the amendment say "aye". All opposed by the same sign? Did everybody vote? Kanner: What is the division? Lehman: Irvin did you vote? P fab: No. Lehman: Would you like to vote? Pfab: Yes I will vote. Lehman: How are you voting? Pfab: I will vote against the amendment. Lehman: The amendment is defeated 6-1, Kanner voting in the affirmative. Next amendment? Kanner: Okay, that is it for the Operating. Lehman: All right, any other discussion on the part of Council for the Operating Budget for the fiscal year ending June 30, 2002? Roll call. Motion carries 6-1, Kanner voting "no". This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 55 ITEM NO. 16. CONSIDER A RESOLUTION APPROVING THE FINANCIAL PLAN FOR THE CITY OF IOWA CITY, IOWA, FOR FISCAL YEARS 2002 THROUGH 2004 AND THE MULTI-YEAR CAPITAL IMPROVEMENTS PROGRAM THROUGH FISCAL YEAR CAPITAL IMPROVEMENTS PROGRAM THROUGH FISCAL YEAR 2005. Champion: Consider the resolution. O'Donncll: Second. Lehman: Moved by Champion, seconded by O'Donnell. Discussion? Vanderhoef: I would offer an amendment in the 2002 Capital Plan. We have $500,000 to be added to the First Avenue budget and reduce by $500,000 the Captain Irish budget. Wilbum: In General Obligation? Vanderhoef: Yes. Champion: I second that. Lehman: Moved by Vanderhoef, seconded by Champion. Is this to be consistent with the resolution we did previous (can't hear) this evening? Champion: Right. Lehman: Okay, discussion on the amendment? All in favor of the amendment say "aye". Opposed? Is that a "no"? Pfab: That is a "no". Lehman: Okay, we have a 5-2 vote in favor, Kanner and Pfab voting "no". Other discussion on item 167 Kanner: I would like to offer an amendment and I am going to offer the first amendment. It will be the group for the 3-year Financial Plan. We will hold off on the Capital Improvements Program. And that would include numbers 1 - 16. Lehman: You can't do #1 because- oh, are you doing them collectively? Kanner: This is- actually we can do any of these in the Financial Plan Ernie. This is a financial plan- a three year financial plan that is not botmd by the state mandates of what can be raised or lowered. This represents only a reasonably accurate transcription of the Iowa City Couneil meeting of March 5, 2001. March 5, 2001 Page 56 Lehman: Okay, and your- which ones are you proposing? Kanner: The three-year Financial Plan amendments 1-16. Lehman: Right. 1-16. Well, do we have a second to that amendment? Pfab: I will second it (can't hear). Lehman: We have a motion and a second for the amendments 1-16 on the handout number 16, three-year Financial Plan. Okay, discussion? Kanner: If people will note on the overhead, there are 16 amendments that would save $216,000 in fiscal year '02, $293,000 in '03, and $321,000 in fiscal year '04. I think not only will they save taxpayers money but they will help us economically in the long run. #1 is to add (change tapes) from the Family Resource Center from the Iowa School District to add $20,000. And #3 I would add a $10,000 expenditure for the childcare expansion grant to UI along the lines of economic development. Lehman: This is to the University of Iowa? Kanner: Yeah. Lehman: Okay. Kanner: #4 add $1400 plus expenditure for childcare at City Council formal meetings. #5 add $20,000 expenditure for community service officers in the school. #6 add $51,000 expenditure for a Natural Areas Manager. #7 add $10,000 expenditure to cover parking ramp increases for seniors at the Senior Center instead of going up $20,000. #8 add $3500 expenditure so that we can fund Arts Iowa City and the UI Riverfest. #9 add $400,000 expenditure to increase public transit. #10 do not apply for the Edward Byrne Grant for $65,000 approximately. #11 subtract $100,000 expenditure for two officer positions. #12 subtract $5000 expenditure for Parks Consultant. #13 subtract $20,000 expenditure for a half-time library network data administrator and adding that position in '03 to full-time. #14 subtract $27,000 expenditure as a subsidy to the Iowa City Airport. # 15 subtract $25,000 from our $174,000 that is budgeted for economic development. And #16, add $600,000 income by increasing parking fees at lots and ramps by 20 cents an hour, a modest increase that we have been told by our transport experts will not effect the number of cars that will be using the lot. So at the very least we should raise it that 20 cents to fund additional public transit. That is the amendments for the three-year Financial Plan. This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 57 Lehman: Other discussion? Champion: I am just going to make a little short discussion here. Wilburn: Can I interrupt for a second? I need to talk to Eleanor. Champion: Yeah. Wilbum: Four or five of these items either directly- even though this is a financial plan- have an impact on the Aid to Agencies fund or perhaps that might be where the source offrinds (can't hear). For example, item #1 has got specific items to the Aid to Agencies (can't hear). Dilkes: Probably, yes. Wilbum: Can I ask that we split this into- if we can take out 1, 2, 3, and 4. Lehman: All fight. We will do that. Wilburn: For conflict of interest. Lehman: Ross, if you would like to excuse yourself we will take any comments relative to 1, 2, 3, and 4. Kanner: I think you need to- Dilkes: Wait a minute, the motion is already on the floor though Kanner: If you need a second I would (can't hear). Dilkes: I think Steven has to do that. Kanner: Yeah, you would need the person who proposed the amendment to do that and I would be agreeable to doing that. Lehman: And you did second it Irvin? Champion: No, oh, Irvin seconded it. Lehman: All right. Champion: Well, I am going to maybe save a little bit of time and energy here. Lehman: Are you going to discuss items 1- Champion: No. This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 58 Dilkes: Wait a minute. It sounds to me like Steven you are agreeable to splitting it into two motions? Kanner: Yeah. Dilkes: Are you seconding- okay, the first one to talk about the ones that Ross just identified: 1, 2, 3, and 47 Okay, that is what we have got on the floor fight now Ross. You can leave. Lehman: Okay, (can't hear). We are discussing only 1, 2, 3, and 4 and that is the amendment that I didn't understand. Now I understand it. So comments on this amendment will be entertained. These are those amendments relative to Human Service Agencies. Are there any comments? Vanderhoef: Well, because they are tied to subtractions in the other part of this document I don't see how we could- Lehman: We can because it is not part of the budget that gets certified to the state. This is in an out year, which we can do what ever we want to it. Vanderhoef: For the three years? Lehman: That is fight. So, discussion? Champion: These are things that we discussed and discussed and discussed. Lehman: This isn't in our budget. This is in an out year. This is in '03 isn't it? Vanderhoef: No. Kanner: These are '02, '03, and '04. Champion: Right, and I don't see- you know- Lehman: We can't discuss the first one- that is in '02. Vanderhoef: That is correct. Lehman: The second one is '02. Neither one of those can be discussed. Kanner: Actually they can be discussed. Lehman: Three cannot be discussed. This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 59 Kanner: Ernie, first of all it includes- even though I just read the top one it includes '03 and '04 in the bold also. But it can be discussed in that this is a financial plan and if it is the will of the Council it could be adopted as a financial plan and then a budget could be changed at a later date. Champion: You know what? I am going to- Lehman: I don't think that is true. Champion: I am going to end this discussion anyway. I am going to call the question. These are things that we have discussed and discussed. I am calling the question. O'Donnell: You are calling the question on 1, 2, 3, and 47 Champion: Yes. On whatever we are discussing now. Lehman: All fight. Dilkes: Let's be specific about that. What are you calling the question on? On the motion to amend? Champion: (Can't hear). Dilkes: The motion to amend. Champion: Yeah. I will call the question on both. Lehman: Well, you can only do one at a time. Champion: I am calling it on the amendment. Lehman: The motion is to- Kanner: I was in the middle of a discussion on this and aren't I allowed to finish my discussion? Champion: Dee Vanderhoefwas (can't hear). Dilkes: You can't- O'Donnell: I though you were talking. Dilkes: As we have discussed before you can't interrupt a speaker to call the question. That- how that gets interpreted in this forum is up to the Mayor This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 60 because I think that comes from bodies that have certain periods of time to talk. But Emie you are going to have to- Lehman: Steven, take two minutes and finish your comments and then we will let Connie- I don't know who interrupted who or if anybody did interrupt anybody. But I know this isn't going anywhere. Kanner: Thank you. I will just take two minutes. I think that it is especially important that we support the Family Resource Centers. I think that included in that is some after school care that is a critical time for youth. And then it is $40,000 in '03 and '04. It is crucial that we support those kinds of activities that are going on with the Family Resource Center. And that is the way we are going to cut down crime in the long run by raising healthy children and people that feel confident in being able to say "no" to drugs and alcohol and to cigarettes. And that is what the Family Resoume Center does. That is what the Human Service Agencies- we should give as much as we can. And that is what childcare does. It not only helps with getting healthy children but it also brings economic development. When we have parents that have strong childcare and good jobs it makes our city run better. We have more money cimulating. Lehman: Okay, now do we still want to call the question or are we willing to vote? Champion: I can vote. Lehman: All those in favor of the amendment say "aye". Opposed say "no". Irvin did you vote for or against it? Pfab: I voted for it. Lehman: The amendment is defeated 3-2, Kanner and Pfab voting in the affirmative. Kanner: 4-2. Lehman: 4-2, I am sorry. 4-2, yeah. Kanner: For numbers 1-4. Lehman: Would you tell Ross that he may come back? Now we have I assume a motion to amend adding amendments 5-167 Kanner: We don't need that. I think we already have that on the floor. Dilkes: No. This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 61 Lehman: No, we don't. Dilkes: It was pulled off and the one was made on the 1-4 so now you need to make your motion on the (can't hear). Kanner: Okay, so I will make a motion for #5-16, which include the bolds in each of those numbers. Lehman: Is there a second to that amendment? Pfab: I will second it. Lehman: We have a motion and second for items 5-16. Discussion? All in favor of the amendments say "aye". Opposed? Irvin, are you voting no? Pfab: I will vote against the amendment. Lehman: You voted against the amendment? Pfab: Right. Lehman: The amendment was defeated on 6-1 vote, Kanner voting in the affirmative. O'Donnell: Now what do we do? Lehman: I think Steven you have another set of amendments you would like to give to the Capital Improvements Program which is part of#16? Kanner: Indeed I would Emie. I would like to move that items # 1-10 under the Multi-year Capital Improvements Program Fiscal Year '02-'05 as submitted by Steven Kanner in the bold type be accepted for amendments to our plan. Lehman: Is there a second to that motion? Pfab: I will second it for discussion. Lehman: Seconded by Mr. Pfab. Discussion? Kanner: I think the emphasis that I have here is that we need to look at how many more parking ramps we are putting up. I move in #1 to remove the Burlington Street parking ramp. #2- Dodge Street reconstruction. We have heard from a number of residents and a number of people and businesses that we don't need to create a 4-lane speedway and spend up to $4 million in federal money there. Spot improvements can do that job. This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 62 We need to look at public transportation between Noah Liberty and Cedar Rapids and cooperative ventures for rash hour. Those would do the spot. Those would do the job. Mormon Trek we were told 5-10 years down the road for its extension from Highway 1 to Highway 921. It is moved up to '03-'05. I think now is not the time to do that. I think we need to remove that from the Capital Improvements Plan. First Avenue and Captain Irish we have talked about. And I think we need to cut down the Capital Improvement Economic Development to $200,000 each year. And I think we need to add income from the airport. There is very little economic benefit from the airport to the general population of Iowa City. Very little trickle down effect. We have a Major airport that most people can and do use up in Cedar Rapids and we need to start getting income from that airport and from the people that use it by letting them raise such things as fuel fees, hanger fees and perhaps implement take off and landing fees and begin to pay off the Capital debt which will be over $400,000 over the next few years. If my savings are- if my amendments are implemented the savings would be $450,000 in Capital Projects in '02, $750,000 in '03, $500,000 in '04, and approximately $3.5 million in '05- saving taxpayers money from their property taxes. I would urge passage of these amendments as stated. Lehman: Steven, I can't concur with you. That is pennywise and pound-foolish. Many of these amendments you want to take out are the very things that generate activity. They create the tax base that allows us to provide for the kinds of services that we really like to provide for. So I cannot support the amendments. Other discussion? Vanderhoef: I can't support these amendments either. When you say very little trickle down value to the airport I have not seen any survey or statistics that say this. For my money it seems that this is one of the things- that this is one of the things that encourages economic development. We certainly are trying to build our tax base and without an airport I think we would have even more difficulty with this. That is just one of the things. The adding of the Mormon Trek to Highway 1 is one of the projects that also is an economic development project that will open up considerable acres for future development for economic industrial- what is my word I am trying to look for? I am not coming up with it. Lehman: It just is a good idea Dee. Vanderhoef: It is a good idea. Commercial is the word I am looking for. Thank you. Both commercial and industrial kinds of activities can happen down there and these are important for the stability of the city for a long time in the future. These projects may well be for the next 50 years and build our tax base to something that will allow us to continue to do nice amenities that increase the livability of this wonderful community. This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 63 Champion: Well said. Lehman: Other discussion? All in favor of the amendment as presented say "aye". All opposed same sign. The amendment is defeated 6-1, Kanner voting in the affirmative. Roll call on the original motion. Motion carries 6-1, Kanner voting "no". Karr: Mr. Mayor, could we have a motion to accept correspondence for item #157 O'Donnell: So moved. Lehman: Moved by O'Donnell. Vanderhoef: Second. Lehman: Second by Vanderhoef to accept correspondence. All in favor? Opposed? Motion carries. This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 64 ITEM NO. 17. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN ADDENDUM TO A LEASE OF THE UNION BUS DEPOT PROPERTY, 404 EAST COLLEGE STREET, PURSUANT TO WHICH GREYHOUND LINES, INC. WILL RENEW ITS LEASE FOR A TERM OF THREE YEARS. Vanderhoef: Move adoption. O'Donnell: Second. Lehman: Moved by Vanderhoef, seconded by O'Donnell. Discussion? Pfab: I would like to table this until the next meeting and look into it a little bit. The lease is already expired and I think- I would like to look at this a little bit farther. Wejust found this out on Thursday and ldidn't have time to check it out. I would really like to do that. Vanderhoef: What information do you need? Pfab: I just want to see is this a fair lease? Is it something that can be changed? And also what about if we build- if we end up building the Transportation Center it looks like the bus people can walk away but we can't- Vanderhoef: Only if they move into the new- Pfab: Yeah, but if they do- if they decide that they don't want to move because this is a better deal for them so they just sit there what are we going to do? Champion: It is only three years. Pfab: I mean, it is just my- I would just like to go through it a little bit. Vanderhoef: Well three years is roughly when we will be complete with the other project anyway so it is a very short time. Pfab: If one can get to break the lease I think the other party should be able to. O'Donnell: I think there was a specific mason for going with this three-year lease. Pfab: In other words, to move them on. That is what we are going to do. Kanner: I think that we haven't had a raise there in at 6 years and possibly 8 years. We are raising it $100 month. It might be close to the going rate told by the City Manager at about $9 a square foot. I think we should negotiate to see if we can get higher and perhaps do a survey and see what other This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 65 comparable spaces are doing. And I would agree with Irvin that we can take a little time. The lease is already expired and we can continue on a month to month lease. And we ought to look into issues of smoking being banned in the building even though it is banned in Greyhound there is continuous smoke coming in. And I think we could answer a few more things- baggage lockers there. As a bus user I think it is important that we ask them to put a little more into it. I have a feeling they are making quite a bit of money on this. And I think when we passed this three years ago- when City Council passed it and didn't ask for a raise we made a mistake and by passing it now without investigating a little more I think we are making a mistake. So I would move for a deferment to our next City Council meeting. Lehman: We have a motion to defer. Pfab: I would second that motion. Lehman: And a second. Discussion on the motion to defer? All in favor of deferring say "aye". Opposed same sign. The motion is defeated 2-5, Kanner and Pfab voting in the affirmative. All fight, discussion on the resolution? I can't count tonight. Champion: It is getting late. Lehman: Not that late. Is there any other discussion? O'Donnell: No. Kanner: I would offer an amendment that we move that we ban smoking in the building. Pfab: I would support that part of it. Lehman: Is that a possibility? O'Dounell: That is not part of the lease is it? Dilkes: I am assuming he is making a motion to amend the lease agreement to prohibit smoking in the building. Vanderhoef: That would be a Major change and I think that would have to be negotiated. Dilkes: Yes. This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 66 Vanderhoef: And unless the Fire Marshall is saying that there is some safety issue here that I have not heard about I don't see why we would do this. I think individual businesses have the choice of whether they ban smoking in their establishment. Lehman: Did I get a second to that? Pfab: Yes. Lehman: All right, we have a motion and a second. All in favor of the amendment say "aye". All right, we are banning smoking in the bus depot. That is the amendment. Champion: That is the amendment. Kanner: (Can't hear) calls for a division Emie. I don't think (can't hear) Majority. Lehman: I haven't called for both sides yet. How many will vote in favor of the amendment to ban smoking? That is the amendment. All in favor raise your hands. I see three. Those opposed? Champion: I didn't get a chance to discuss that. I think it is something that I think we should be discussing when we talk about no smoking ordinances. I mean, I agree, I don't think you should allow smoking but I don't this is the time or place. Lehman: I don't disagree with that but do you want to make it part of the lease? Champion: No. Lehman: Then would you like to vote against the amendment? Champion: Yes. Lehman: I have one negatives, two negatives, three negative, four. It is- the amendment is defeated 4-3, Kanner, Wilburn and Pfab voting in the affirmative. Now, is there any other discussion on the resolution? Champion: No. O'Dormell: No. Lehman: Roll call. Motion passes 6-1, Pfab voting no. This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 67 ITEM NO. 18. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE IOWA CITY TRANSIT INTERCHANGE PROJECT PHASE II (REBID). Lehman: The original estimate was $140,000. The recommendation from the staff is that we accept the bid from Apex Construction Company of Iowa City, which is $155,900. That is the lowest of, I believe, six bids that we received that ranged up to $182,220. Wilburn: Move adoption of the resolution. O'Donnell: Second. Lehman: Moved by Wilburn, seconded by O'Donnell that we accept the bid. Discussion? Roll call. Motion canies. This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 68 ITEM NO. 19. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE HIGHWAY 6 CORRIDOR IMPROVEMENTS PROJECT, STP-U- 3715(615) 70-52. Wilburn: Move adoption. Kanner: Second. Lehman: Moved by Wilburn, seconded by Kanner. The estimate on this project was $2,805,000. The bid was $1,892,597.50, recommended by the staff that we accept that bid. That is the lowest of seven bids. The highest had gone up to almost $3 million. We have a motion and a second. Is there any discussion? Champion: Go for it. Lehman: Roll call. This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 69 ITEM NO. 20. CONSIDER A RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN ANGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND SHIVE-HATTERY, INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE HIGHWAY 6 CORRIDOR IMPROVEMENTS PROJECT, STP-U- 3715(615)--70-52. Wilbum: Move adoption. Vanderhoef: Second. Lehman: Moved by Wilbum, second by Vanderhoef. Pardon? Kanner: Have you got that number memorized? Lehman: No, and I am not going to memorize it. Discussion? Vanderhoef: I take it (can't hear) planned? Atkins: Yeah. Rick is here if you would like to question him about it. Vanderhoef: Can't do? Lehman: No, we don't want to question him. If you look relaxed just stay where you are. Vanderhoef: I always like it when staff does them and I understand when you are overloaded. Lehman: Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 70 ITEM NO. 21. CONSIDER A RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND NNW, INC. OF IOWA CITY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE DESIGN OF THE RECONSTRUCTION OF THE IOWA RIVER DAM AND PEDESTRIAN BRIDGE. Pfab: Move the resolution. Vanderhoef: Second. Lehman: Moved by Pfab, seconded by Vanderhoef. Discussion? Kanner: Just a (can't hear). Are we going to get a gazebo like the west side there? Fosse: There are no plans to put a gazebo on the east side. The gazebo on the west side is somewhat tenuous right now. That would be an independent (can't hear). Lehman: You don't have to explain tenuous. It is okay. Fosse: Okay. Kanner: Coralville just is thinking they don't have the money for that? Fosse: Right, I think they are looking at budget issues as well as other things. But that is not a sure thing that there will be a gazebo there. Lehman: Other discussion? Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 71 ITEM NO. 22. CONSIDER A MOTION TO APPROVE A TENTATIVE AGREEMENT BETWEEN THE IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS AND THE CITY OF IOWA CITY. Vanderhoef: Move adoption. Lehman: Moved by Vanderhoef. O'Donnell: Second. Lehman: Seconded by O'Donnell. Discussion? This provides for an increase of 3.5% in wages for each of the next two years. Vanderhoef: 3.25%. Lehman: 3.25%, I misspoke. It wasn't the first time tonight. Vanderhoef: No, I understand. Lehman: Discussion? Kanner: Did healthcare benefits basically remain the same on this? Lehman: Yes. Roll call. Motion canies. This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 72 ITEM NO. 26. CITY COUNCIL INFORMATION. Lehman: Irvin? Pfab: No. Lehman: Connie? Champion: No. Lehman: Mike? O'Donnell: Just one thing. Last Saturday we went bowling for Big Brothers and Big Sisters. Lehman: How did you bowl Mike? O'Donnell: I was just getting to that. The important thing is we all had a great time. We raised a lot of money. And I feel it prudent that I mention that I did not fare well. As a matter of fact I finished last. Lehman: But you had fun. O'Dormell: Indeed I did. Lehman: It was a great time and the City Manager was there showing his stuff. He did okay too. O'Donnell: I do want to mention that I had a cold. Champion: You had a cold! Lehman: You (can't hear). Vanderhoef: Excuses. Lehman: Dee? Vanderhoef: Only that I will be attending the League of Cities in Washington DC. I will be leaving Wednesday and returning the following Wednesday. I will hopefully bring back some new ideas to the Cotmcil and I certainly will still take input from any of the hot issues to lobby on the hill. Wilburn: I just wanted to mention that this Friday which is the 9In- is that right? Whatever this Friday is at the African American State Conference that Senator Joe Bolkcom is moderating a panel discussion on Iowa's approach This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 73 to racial profiling. And ChiefWinkelhake and I are two of the five panel members along with someone from the- a warden from the Iowa Correctional Institution for Women, the police chief from Davenport, and the Iowa Department of Public Safety Commissioner. Lehman: Congratulations. Thank you. Kanner: Is there another- there is a local forum on racial profiling? Wilburn: This Wednesday fight here in Council Chambers and then on the 7th. Atkins: The 7th. Kanner: Wednesday the 7th, at 7 PM, fight? On racial profiling. Wilbum: That is with Chief Winkelhake and (can't hear). Kanner: And thank you to the Mayor for allowing the discussion on my amendments to the budget. And I also wanted to say congrats to the UI Women's Basketball team for a great victory. They could be going all the way this year so let' s look for that. Lehman: You know Steven, did you see the games? Kanner: Just a little bit here and them. Lehman: Three of the most fantastic basketball games I have ever watched. Friday, Saturday, and Sunday night- we've got to be so proud of those ladies. That was great. I have got a couple of things for St. Patrick's day. To encourage folks to ride the bus if you are wearing anything green you can ride free on Saturday March 17 on the Iowa City Transit system. I think that is a great idea. Another idea, which I think is another really great one is the NCAA Wrestling Tournament which will be in Iowa City March 15- 17 should bring several thousand people to this community. Anyone who goes to that event and has a ticket stub or pass can get on an Iowa City bus and fide anywhere free. (Several talking) Wilbum: Is that in their information packs or do the (can't hear) know about that? Lehman: Yep. And also the Commission of Tourism Bureau is going to kind of play on that. So, I think that is a really wonderful way to help promote the bus system. Champion: Will there be buses do you know- downtown shuttles? This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001. March 5, 2001 Page 74 Lehman: The buses go so frequently that I don't know that you need a shuttle. Atkins: To my knowledge we are not doing it Connie because ours are fixed routes. Vanderhoef: The Cambuses will be running. Arkins: I assume Cambuses and the University will take care of that. Kanner: They are not going to be wrestling on the bus.'? Lehman: I hope not. Champion: They might be (can't hear). This represents only a reasonably accurate transcription of the Iowa City Council meeting of March 5, 2001.